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Criminal Justice Vs Retributive Justice

647 Words3 Pages
Retributive Justice is flawed in many ways, and while the intent may be well rounded, the process of implementing such a system is far stretched and not ideal. A better system of criminal justice is much more restitution theory focused. The idea of punishment in the retributive view is to cause more harm to someone than serve justice to the victim. Our criminal justice system has a need to serve justice, not punish and provide entertainment. Punishment is simply not a logical answer to everything our legal systems face, and restitution can be a much easier process.
Restitution is in our legal and court systems today as a part of a sentence in that the defendant is ordered to compensate the victim for any loss suffered. The process of an offender
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110). According to the author, the aim of restorative justice is to heal communities from an incident where people were harmed and, ideally, help prevent the same thing from happening again. I believe that, there is going to be a higher possibility of crime reduction in schools and in different neighborhood if victims and offenders mediate a restitution agreement to the satisfaction of each other. In conjunction to this, if the government can be more committed in supporting these approaches, I believe that there will be a massive drop in crime

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Money is everything in today’s world, more money means more power , so corporations for their major contributions to the economy by giving jobs and paying taxes are favoured by judges whilst an individual is nothing to compare, and yet again corporation can afford to hire better lawyers than what an individual could, rarely does it happen that you hear on the news about an individual who beat a corporation in a court debate, also because of the toll and srees that an individual would have to go through in order to beat a corporation in court. Natalie DeFreitas has made numerous points as to why restorative justice as better than/more effective than the current law system here in Canada. The speaker talked about the 70% recurrence of crimes whereas only 15% repeat crimes after restorative justice, Texas’ crime rates and jail enrollment have dropped, the cost of jail enrollment is 115,000 CAD$ for one year per person, whereas restorative justice only costs about 10,000 CAD$ for the same person throughout the same term and how much more effective can restorative justice be with a provided life example of John’s case, the bottom line is that restorative justice reduces crimes, improves the lives of criminals by healing and makes communities a safer

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Restorative justice is a very selective process, and can only truly work if both the victim and the offender agree to the terms of the conversation. In other words, strict vetting must be done on both the victim and the offender in order for restorative justice to occur. For this type of justice to actually be able to really work and bring about rehabilitation participation must be 100% voluntary otherwise it will fail. This among other things can be listed as a limitation of restorative justice. Another disadvantage is, that restorative justice cannot be implemented in all categories of crimes.

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849 Words | 4 Pages

This type of justice system is designed very differently when compared with the retributive justice system. The restorative justice system endeavours to bring the victim and the offender together and allow them to speak with each other in the hopes to support the healing process. It will enable the victims to express themselves to the offender and lets the offender apologize and express their feelings to the victim. The restorative justice system often offers the victims of crime closure. The system encourages both parties to reveal themselves to each other and develop a solution for the future to satisfy both parties involved.

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Restorative justice also known as balanced and restorative justice is “a sentencing model that builds on restitution and community participation in an attempt to make the victim whole again (Schmalleger 269).” Restorative justice focuses on “crime as harm and justice as repairing the harm”. This type of justice places crime control primarily in the hands of the community. 3. Indeterminate sentencing encourages rehabilitation using general unspecific sentences.

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Straight financial restitution: This type of restitution requires the juvenile offender to pay money to the victim or a fund established for that purpose. The amount of restitution is typically based on the actual damages suffered by the victim, such as the cost of repairing property damage or the value of stolen items. Financial restitution can be an effective way to compensate victims for their losses, and it can also serve as a deterrent to future criminal behavior. However, it may not be a viable option for all juvenile offenders, especially those who come from low-income families. 2.

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The Restorative Justice System focuses on problem solving, liabilities, and obligations. It focuses on the future instead of the past. It would help the boys take responsibility for their actions and be able to restore the crime they committed in the community. The four boys are also first time offenders, which also plays a huge factor because you can see they never intended for what they did to turn out so bad in the end. For the Restorative Justice System you have to be first time offenders so that they are able to help you.

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Restorative Justice past practices and activities that are popular within the Restorative justice movement are Prisoner rights and alternatives to prisons, which is a program to change prison condition and minimize incarceration sentencing, Conflict Resolution is a program that creates neighborhood justice centers available to the community. The Victim offender Reconciliation program (VORPs) is a meeting between the victim and the community, Victim-Offender Mediation (VOMS) is mediation between the victim and the offender, Victim Advocacy is the victim rights group which focused on the efforts for restitution for the crime. The family group conferences (FGCs) allow the victim and family and the offenders to meet. The Sentencing Circle includes

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They are also first time offenders so they have no criminal background and that have a chance to make up for what they did to the hot dog vendor and the man who was hit by the hot dog cart. The restorative justice system would allow for problem solving between the offenders and the victim. The boys made a big mistake but it was not on purpose and it was just a harmless prank gone wrong. The retributive justice system focuses on harsh crime sentences for offenders who committed the crime. This type of system compared to the restorative justice system outs the entire blame on the victim and to punish them with harsh sentences to try and rehabilitate them to the best of the courts or judges abilities.

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Today our justice system has a multitude of options when dealing with those who are convicted of offenses. However, many argue that retributive justice is the only real justice there is. This is mainly because its advantage is that it gives criminals the appropriate punishment that they deserve. The goals of this approach are clear and direct. In his book The Little Book of Restorative Justice, Zehr Howard (2002), illustrates that the central focus of retributive justice is offenders getting what they deserve (p. 30).

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Restorative Justice processes are likely to reduce criminals from repeating offenses, as numerous recidivism studies have demonstrated. Thus, it would be more than justified to employ restorative processes a response to crimes under

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Corrective justice is defined as an unfair advantage or unjust enrichment that occurs in a contract disputes or criminal. That is looked at typically as righting the wrong. Therefore, it cannot be relevant a lot of aspects in civil law like contract disputes, some form of business, or consumer conflict. Corrective justice can be justifiable when determining guilt and dispensing punishment for criminal offenses.

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I believe that restorative justice could be a good idea for the United States if it is used correctly. I think that if restorative justice is used correctly, it could really benefit everyone involved: the victim, offender, family, and the community. Some of the restorative justice ways can also help victims move past what has happened to them and live a more normal life again. I think restorative justice would also benefit the United States because it can help the offender have a better life after. I think that restorative justice needs to be used correctly because if it is not done right it could actually cause more harm.

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Batley (2005) stated that restorative justice is about restoring, healing and re- integrating victims, offenders, as well as the society and also preventing further harm. In this assignment, I will be discussing approaches to restorative justice and illustrating their advantages and disadvantages to offending. I will also provide the applications of these five approaches of restorative justice which are retributive approach, utilitarian deterrence approach, rehabilitation approach, restitution approach and restorative approach in the given case study. I will then explain my preferred approach to justice through identifying a personal belief or value that underpins my choice.

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The type of punishment they get should be corresponding to the crime. Rehabilitation shouldn’t be considered when determining which punishment should be given. Those who follow this theory believe that retribution is unlike revenge because retribution is solely aimed at doing wrong. (plato.stanford.edu, 2014) Victim impact statements

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