2015 Professor Wells Restorative Vs. Retributive Justice Retributive justice is a legal basic that dictates that punishment for a crime is acceptable as long as it is a equivalent response to the crime committed. In this type of justice system, a crime is typically seen as being done against the state or government. As such, it is left to the government to pursue justice in terms of punishment against the individual who has committed the crime. In most respects, retributive justice seeks to punish a
Justice is one of the fundamental values in Political Science. In the words of Rawls' it is the 'the first virtue of social institutions' (3). This is perhaps because every individual person possesses a sanctity founded on Justice that even the benefit of the collective (in which he or she exists) as a whole cannot countermand. This is evident in almost every aspect of our day to day lives. Our demands to eat what we want/ dress as per what appeals to us/ study what we wish to and so on are all
that to defend retributive justice it is not incompatible with defending restorative justice. He maintains that a restorative view is right to insist that responses to crime should be restorative and that retributivists are also right to demand that offenders suffer the punishments they deserve. Yet, Duff makes the further claim that restoration is not merely compatible with retribution: it requires retribution. I offer an objection to Duff’s account of restorative justice and argue that, contrary
Restorative justice is a unique process of justice, very different than typical criminal justice system that is used often throughout the United States, and the rest of the world. The criminal Justice system is designed with the thinking that the person who did something wrong needs to get punished and they need to get what they deserved in order to make them stop doing whatever crime they did. Restorative Justice is very different, though it is not very common it has been used during some well known
by measures such as warnings, cautions and referrals to community programs rather than face the criminal justice system (Public Safety Canada, n.d.). The restorative justice approach for dealing with non-violent young offenders is a restorative process which focuses on reintegration into the community rather than conviction and incarceration. Rather than taking a retributive approach to justice, the punishment and isolation of youth offenders which provides an environment of other criminal offenders
The book Restorative Justice for Colleges and Universities written by David R. Karp is talking about how to encourage colleges and universities, and their student to consider implementing the practice of restorative on their campus. The author is designing to provide restorative principles. He is also trying to show the different evidence of its effectiveness, and he is also giving the institution tips on how to implement it on campus. For example David Karp showed the different way to practice
Restorative Justice Restorative justice is a sentencing philosophy that has the offender assuming responsibility to repair harm done to the victim or the community (Alarid, 2013). There are policies for reintegration, and restorative justice for low offender women criminals that may prove effective if changes are implemented. “Women are the fastest-growing population in the criminal justice system, and jails reach more people than any other component of the correctional system” (Richie, ). The
Victim-offender mediations primarily consist of lesser crimes such as property crimes and minor assaults, but are not ruled out when it comes to the more serious cases. There are several factors that leads up to a case being used in the restorative justice process and especially the steps that are needed to be taken before the actual meeting of the offender and victim takes place. These steps consist of victim safety, careful screening processes, mediating meeting with the offender first, the choices
Chapter 2 Historical background of Restorative Justice 1 Introduction In 1974 the first case of restorative justice was documented in Elmira Canada. It’s strived to balance power between the affected parties and empowering those who in the traditional system had limited or no voice at all. In Restorative Justice, the participants speak for themselves, in a setting that encourages the sharing of feelings and emotions and personal contact Victim Offender Reconciliation Programs were being created
Martineau’s theory, “Natural law is the idea that, apart from human institutions, there are laws and right that apply to every human being” (Martineau in Allan 2005: 265). Through this idea Martineau describes happiness as an inalienable right of every human being