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Advantage and disadvantage of retributive justice
Advantage and disadvantage of retributive justice
Concepts of restorative justice
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He writes, “The concept of time served is a mirage, because the shackles of collateral consequences make a criminal conviction a “scarlet letter”. The use of metaphor serves as details providing more access for the readers to understand the author’s
This process will ensure that each offender receives the proper punishment and that the community is satisfied with the decision. The offender-based models, retributive and utilitarian, does not help the victim recover. Restorative justice is designed
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.
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.
Underlining the systemic issues within the US legal system, particularly the over-reliance on punitive measures and the disproportionate impact on marginalized communities. Promoting restorative justice calls for a shift in the legal system towards a more compassionate and just approach that prioritizes healing and repair. The criminal justice system has continuously overlooked the issues that it causes with the use of a retributive system in
As a result of truth-in-sentencing practices, the State prison population is expected to increase through the incarceration of more offenders by keeping them incarcerated for longer periods of time. Abadinsky, Howard, Probation and Parole, Theory and Practice, St. John’s University, Pearson, Twelfth
Imprisonment should have a deterrent effect as believed by the Quakers, but most importantly, it should serve as a function of reforming and rehabilitating the imprisoned individuals as well. From the 1940’s to the 1960’s, rehabilitation of offenders came into more light, at least in concept. It was a major goal in the system of how incarceration and other forms of corrections should be viewed. Between the 1970’s and the 1980’s, there was a reappearance of retributivism, or the ‘justice model’, which argues that wrongdoers are responsible for their acts, and therefore they deserve to be punished if they violate the law. The United States is also composing a utilitarian model to deal with crime and criminality.
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.
Within the judicial and criminal justice systems, restorative justice is seen as a forward moving process in regards to the way in which the sentencing of offenders is handled (Britto & Reimund, 2013). Restorative justice works to focus on the needs of both the victim and the offender but incorporates the community as well as those who support both the victim and offender (Britto & Reimund, 2013). The approach of restorative justice in not simply a means by which society responds to and reduces crime but instead, provides an equivalently valuable social response to crime (Dancig-Rosenberg and Galt, 2013). Furthermore, the restorative approach places emphasis on the personal and relational harms which were caused by the crime while creating space for dialogue concerning the actual damage, whether directly or
5154023 Introduction Janine Natalya Clark names three types of justice that are used to resolve different situations: retributive justice, restorative justice and reconciliation. Clark argues that retributive justice, which focuses on punishing the perpetrator equal to their crime committed, is best suited for situations where a serious crime was committed such as war crimes or genocide. This strict response deters such crimes from happening again. Restorative justice, which focuses on restoring the relationship between the victim and perpetrator, is best suited for minor crimes since the repair work roughly equates to the alternative punishment including imprisonment or fines.
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).
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
In this essay, I will discuss whether the claim that retributivists are making are right by justifying whether their assumptions about moral responsibility are well founded. A person who has committed a crime must be punished. Punishment makes sure that the offender pays their debt to the society or state. Retributivism justifies that punishment is payback for crime and its main goal is to give the offender their just deserts.
“Retribution” or “Retributive justice” can be defined as “a theory of justice that considers punishment, if proportionate, to be the best response to crime.” (Wikipedia, 2016) Peter Koritansky, philosopher and author made a distinction between two views on retributive punishment in his work entitled “Two theories of retributive punishment: Immanuel Kant and Thomas Aquinas” in 2005 in which he believed that the Thomistic understanding of retribution is superior to that of Kant and this write-up is going to outline the reasons as to why he think this is the case. To illustrate this, it is vital therefore that we understand the Kantian retributivism and Aquinas’s understanding of punishment. Firstly the Kantian retributivism or the theory of retributive by Immanuel Kant suggests that punishment in the form of coercion of force is necessary to establish justice and to punish criminals, he emphasized that “Punishment by a court…can never be inflicted merely as a means to promote some other good for the criminal himself or for civil society, but that it must always be inflicted upon him for the fact that he has committed a crime”
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.
