"Reforming Criminal Justice A Christian Proposal" (Matthew T. Martens)

TITLE: Reforming Criminal Justice: A Christian Proposal
AUTHOR: Matthew T. Martens
PUBLISHER: Wheaton, IL: Crossway Publishers, 2023, (416 pages).

The American leadership system comprises three branches that counterbalance one another: The Executive, the Legislative, and the Judicial branches of government. This ingenious system of government was first drawn up by the framers during the Declaration of Independence. Most people would have taken sides in the oft-divisive decisions taken by the first two branches. On a relative scale, the legal system seems to be the last branch standing when it comes to having a fair and just society. The Executive and the Congress frame the laws. The judicial system enforces the laws of the land. By definition, the American criminal justice system is essentially about "state-sponsored violence." This is because the state is legally empowered to inflict physical punishment on lawbreakers. While most of the time the punishment is legitimate, there are times in which injustice happens. As far as the law is concerned, justice means enforcing the laws of the land. The highest court of the country is the Supreme Court. As far as the Word of God is concerned, the highest order is love. This book is essentially about how the imperfect and flawed American criminal justice system can be reformed from this biblical perspective. Such flaws include the "us-versus-them" mentality that leads to societal divisions, the presumed "law and order" which could be overly subjective for comfort, and the infusion of political concerns into the practice of laws. Written in two parts, author Matthew Martens aims to "fashion a criminal justice system more in line with biblical teaching." Part One looks at what a biblical justice system looks like where Martens sketches out the contours of Christian ethic of justice. The first thing he does is to blur the lines of "social justice" and "criminal justice" to put them under the umbrella of redemption: of forgiven past and present love. This is what the gospel is about: Salvation and Transformation. Social justice is not about how the world sees it but how God sees it, which is justice in society for both individuals and communities. Justified people act and behave justly. Martens uses the just-war analogy to inform the use of criminal justice. He raises the question of who are our neighbours by raising the five pillars of biblical justice: Accuracy, Due Process, Accountability, Impartiality, and Proportionality. Accuracy means justice must be measured precisely. "Due Process" means procedural fairness using the all-reasonable-means test. Accountability means any form of injustice needs to be properly compensated. Martens warns that laws themselves can be immoral. He warns of 9 ways where injustice can happen under the pretext of just following the law. Impartiality means learning to let Truth prevail without discrimination of any kind. Proportionality means any form of punishment must fit the crime.

 

Part Two looks at the present American Criminal Justice system where the author proposes certain improvements. Before passing judgment, readers get to learn about the history of the justice system. We learn about the differences between crime, breaking the law, and immorality. Many things are often not clear-cut black and white. This calls for wisdom and discernment which should form a big part of "prosecutorial discretion." Christians should be constantly comparing and contrasting the legal definition of a crime and moral considerations. Martens applies various aspects of the five pillars of biblical justice to the various forms of American justice: Plea Bargaining, Jury Selection, Judges, Assistance of Counsel, Exculpatory Evidence, Witnesses, Sentencing, Death Penalty, etc. "Plea bargaining" can be flawed as lawyers often pressure people into pleading guilty for expediency instead of Truth. On Jury Selection, juries must not just protect against lawlessness, they need to be vigilant against "callousness." Judges are human too, and so the test of impartiality is crucial. "Assistance of Counsel" ensures that everyone has a right to an attorney, even when they cannot afford one. "Exculpatory Evidence" means the obligation to seek truth regardless of which side one is on. On the death penalty, Martens had a change of heart from a "full-throated supporter" to a crusader against it. 

My Thoughts 

I ask myself: "What did the author do well in this book?" My first thought is an appreciation for the detailed look into the world of American Criminal Justice. Many of us have been influenced by the courtroom scenes portrayed on TV such as "Blue Bloods," "Ally McBeal," "Law and Order," "Suits," and movies like "A Few Good Men," "Jack Reacher," "Just Mercy," etc. None of them has the comprehensiveness of this book. For non-American readers, the justice system might seem a little foreign. However, the principles can be applied in all cultures. This is where the five pillars of biblical justice apply. Many of them can be adapted for legal systems throughout the world. Using the examples of how biblical justice can be applied to the American system, the rest of the world can do the same to their own national systems. While those with some legal training would benefit most, that does not mean the rest of us cannot learn a thing or two. In fact, just like the rationale for using jury systems, sometimes inviting non-professional individuals helps make the justice system more inclusive. 

Secondly, Martens reminds us that no justice system is perfect. That is why the title of the book is significant: "Reforming Criminal Justice." There are many flaws in the existing systems. As long as the powers-to-be are open to reasonable changes, there is hope for a better legal system for future generations. For the uninitiated, Marten's four suggestions on what we can do will be most helpful. "Think different," "Speak different," "Work different," and "Vote different" are ways in which we can all play our part. They are listed in increasing levels of pressure. Even though changing any institutional system is difficult or seemingly impossible, as long as we keep trying, there is a chance. 

Finally, from a pastoral perspective, dealing with justice is just one side of the coin. Injustice is the other side. The root of all forms of reformation has to be redemptive love. For all the elaborate laws and legal procedures, many flaws could derail the recognition of Truth and the exercise of justice. By showing us the different processes and entities in the legal system, Martens explains the many facets of the practice of law from history to the contemporary era to give us space to explore ways how to improve them. Love is not just the future but needs to be very much present. Just because something is legal does not mean it is ethical. Just because something is lawful does not mean it is beneficial. 

A word of caution: The present system might very well be the best we have today. We should not jettison everything simply because of their inherent flaws or imperfections. An imperfect system is better than no system at all. Do not throw the baby (legal systems) out with the bathwater of flaws. The single biggest reason to read this book is essentially on how we can think and behave Christianly when dealing with the legal systems in our society.

Matthew T. Martens (JD, University of North Carolina School of Law; MABS, Dallas Theological Seminary) is a trial lawyer and partner at an international law firm in Washington, DC. He has spent the bulk of his more than twenty-five-year legal career practicing criminal law both as a federal prosecutor and as a defense attorney. He served as a law clerk to Chief Justice William Rehnquist at the US Supreme Court and also as a political appointee in the criminal division of the US Justice Department under Attorney General Ashcroft. Matt and his wife are members at Capitol Hill Baptist Church in Washington, DC, and have two sons and a daughter. 

Rating: 4 stars out of 5.

conrade

---

This book has been provided courtesy of Crossway Publishers via NetGalley without requiring a positive review. All opinions offered above are mine unless otherwise stated or implied.