Thanks to Will at Theologia Viatorum for reminded me of a story I was first made aware of last week by Hannity & Colmes. According to news source WCAX, “a Vermont judge handed out a 60-day jail sentence to a man who raped a little girl many, many times, over a four-year span starting when she was seven.” The article goes on to explain that “The judge said he no longer believe in punishment and is more concerned about rehabilitation.” The article goes on to relate that the judge said “The one message I want to get through is that anger doesn’t solve anything. It just corrodes your soul.” Having said this to the packed court-room of relatives of the young girl, Judge Edward Cashman must have certainly felt he was making a dramatic statement, but was it the statement he really wanted to make? Furthering his view regarding punishment, Judge Cashman remarked that he has “discovered it accomplishes nothing of value; it doesn’t make anything better; it costs us a lot of money; we create a lot of expectation, and we feed on anger.” Sounding more like a self-help advocate than a judge, Cashman raises some serious questions.

We’ve often seen in the American legal system an unhealthy relationship between the ideas of punishment and rehabilitation. We see now in Judge Cashman the final perversion of the balance, drawing into question the very nature of justice itself.

Throughout Scripture, justice is attributed to God. Psalm 9:7 reads: “the Lord sits enthroned forever, He has established his throne for justice.” Psalm 33:5 notes that God “loves righteousness and justice” and Psalm 97:2 asserts that “righteousness and justice are the foundation of His throne.” Continuing in Psalm 97, verse 3 warns that “Fire goes before Him and burns up His adversaries all around.” It does not say that “his psychologist goes out before him rehabilitating his adversaries making sure that no one is angry…”

Judge Cashman has removed any notion of justice from his courtroom. Justice is not a concept which we are able to mold as we see fit, it is rooted in the very nature of God Himself. In fact, if there is no punishment of sin, we have no salvation. God punishes. This is admittedly and understandably not a concept we like to dwell upon but it is an inescapable teaching of Scripture.

Isaiah 10:12 promises that “When the Lord has finished His work on Mount Zion and on Jerusalem, He will punish the speech of the arrogant heart of the king of Assyria and the boastful look in his eyes.” In Jeremiah 5:9, God asks, “Shall I not punish them for these things? declares the Lord; and shall I not avenge myself on a nation such as this?”

Indeed, the very nature of our salvation requires punishment. All have sinned (Romans 3:23)and all are worthy of the punishment of death (Romans 6:23). Our salvation is found in the very fact that God is just (Genesis 18:25, Psalm 111:7, John 5:30, etc.), God punishes sin (Isaiah 53:10, etc.) and God Himself bears our punishment (Isaiah 53:3-6, Romans 5:10, etc.) . We are saved by God from God.

Without punishment there is no justice. Judge Cashman has understood his role to be not that of wielding the sword (Romans 13) but of wielding the tissue, gently dabbing the tears of the poor misunderstood individual who was driven to his actions by this cold, cruel world we live in. God Himself decrees that those who break the law must be punished, by the government (Romans 13:2). Indeed, Paul goes on to argue, “Would you have no fear of the one who is in authority? Then do what is good, and you will receive his approval, ⁴for he is God’s servant for your good. But if you do wrong, be afraid, for he does not bear the sword in vain. For he is the servant of God, an avenger who carries out God’s wrath on the wrongdoer” (Romans 13:3-4).

Punishment cannot be separated from justice and God requires justice of governments. Once we try to separate punishment from justice we no longer have justice but state-sanctioned therapy and at least for one judge, that’s just fine. I pray that Judge Cashman will see the error of his ways before he’s faced with the true and final justice of God, from which there will be no option of “rehabilitation.”

Read Will’s post Child Rape, The Justice of God & Rape.

Read The Wrath of God Against Ungodliness and Unrighteousness (1) by John Piper.

Read The Wrath of God Against Ungodliness and Unrighteousness (1) by John Piper.