Utilitarian Sentencing Vs Restorative Sentencing

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In Canadian criminal courts there are three general sentencing options which judges or juries can choose when sentencing a criminal. These options are known as utilitarian sentencing, retributive sentencing and restorative sentencing. In theory, utilitarian sentencing is focused on the future conduct of the criminal, retributive sentencing focuses on punishing the criminal for past conduct and restorative sentencing focuses on criminals reconciling with victims. All three options have good reasons to pursue them; and equally bad reasons not to pursue them. Despite this, utilitarian sentencing is the best possible course of action for Criminal cases. Concurrently, incarceration is the worst decision for a sentencing judge to make for non-violent…show more content…
This is because all of the above sentences are aimed at rehabilitating the offender before they are allowed to be let back into public without supervision. Restitution programs are obviously a restorative sentence because the programs are intended to create a relationship between the offender and the accused, thereby making the offender recognize and inflict their own guilt. Incarceration is intended to inflict the guilt upon the offender, which is intended to make them not want to commit crime again; it is a retributive sentence. There are situations in which one type of sentence would be better than the other two; retributive sentences are best used in cases of murder, restorative sentences are best used in minor infringements of the law, and utilitarian sentences are best used in crimes that can’t be properly sentenced by restorative or retributive sentences. Additionally, there are problems with all three methods. Retributive sentences mean that the government is paying for everything for the offender while they are in prison, and will likely do so for a long period of time. Utilitarian sentences do not cost as much money for the government; however since they are not as harsh as retributive sentences, the offender is less inclined to not commit crime again. Restorative sentences are great for minor crimes, which can easily be reconciled. But they are difficult to enforce and in cases…show more content…
A study done by Maarten Kunst, Lieke Popelier and Ellen Varekamp found that victims’ satisfaction with the criminal justice system is positively changed through alterations in cognitive states. Put simply, meeting with the offender has positively affected the minds of the victims. This positive change could come from the fact that the victim sees that the offender was caught and punished; or it could provide solace to the victim by understanding the reasons of the offender, and accepting the offender’s

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