The Justice Of Restitution

Incarceration has become a standard legal punishment in Western society, even having the support of many Christians.  Despite its popularity, it remains an unbiblical penalty that causes great harm of its own.  Instead of endorsing prison sentences, the Bible tends to prescribe restitution whenever physical punishments like lashes or execution are not used, with restitution being prescribed in cases of theft (Exodus 22:1-4, 7-9), minor assault/battery (Exodus 21:18-19), and arson (Exodus 22:6).  Though the brief incarceration of a suspect before a trial is allowed by Biblical law (Leviticus 24:10-12, Numbers 15:32-34), the punitive sentences of Scripture themselves never involve confinement.  Justice is not determined by the consequences of a particular legal penalty, but, even so, restitution is objectively more beneficial than prison for both offenders and victims.

Prison accomplishes nothing on the victim's behalf except perhaps the provision of a sense of satisfaction.  Contrarily, restitution is about making things right between the perpetrator and the victim.  The offender has harmed or inconvenienced the victim, and, consequently, the latter receives compensation that serves both a restorative and punitive function.  Restitution awards the victim a monetary sum (or replacements for whatever was stolen or destroyed) intended to help restore them to whatever financial position they held before they suffered the effects of the wrong, while also penalizing the thief for his or her crime, with the high ratios of repayment described in Exodus 22 serving the purpose of deterrence.

Alternatively, in the case of Exodus 21:18-19, restitution grants the victim a sum that makes up for the inconvenience of temporarily losing the ability to work after an assault.  Here, like in the case of restitution for theft, a monetary payment makes things right between the criminal and victim; however, the emphasis is not on restoring lost property, but on compensating for business opportunities forfeited by minor injuries, potential medical expenses, and perhaps suffering and/or humilitation (Lex Talionis is invoked in cases of permanent physical mutilation and in no other circumstances [1]).  Whenever a criminal is unable to make adequate restitution, whatever the need for it, a fixed period of servitude is called for (Exodus 22:3 with 21:2), and the offender is protected from abuse (Exodus 21:26-27).

Restitution accomplishes something productive on both ends.  Unlike the wasteful injustices of prison sentences, which the Bible is completely opposed to, restitution benefits criminals and victims alike.  In Biblical laws, there are no prescriptions of prolonged incarcerations that expose criminals to sexual violence and leave victims without compensation for their losses.  Many Christians continue to regard prison as a just penalty, despite the fact that Biblical justice excludes and condemns it.  Most would rather consult arbitrary cultural ideas about morality than the Bible they claim to follow.

[1].  https://thechristianrationalist.blogspot.com/2016/12/bible-on-torture-part-2.html