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Retributive Justice In The Hebrew Bible

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Retributive justice has been a very prominent form of justice in many of our readings. “Retributive justice is a response to criminal behaviour that focuses on the punishment of lawbreakers and the compensation of victims” (Meyer). I believe that retributive justice is a very prominent form of justice found in our readings. Punishment has been given to the offender. Retributive justice has been found in The New Testament, Approaches by Brunk, and in the Hebrew Bible.
In the New Testament retributive justice was being shown in one of the themes of justice being described. There were a total of three themes of justice but the reversal of fortune theme was displaying some retributive justice. According to Foster “ a reversal of fortune, a bringing down of the rich, who gained their wealth by exploiting others, and a lifting up of the poor, who suffered so much injustice” (Foster). This theme of justice is saying that the rich who acted poorly will give their wealth to the poor. This is a great example of retributive justice because the rich would be considered criminals and they would …show more content…

Haim Shapira had referred to many different types of divine judgment. One that portrayed retributive justice the best was divine judgment by means of ordeal. Haim had stated that “an ordeal is a physical test intended to determine the guilt of a person suspected of a crime and to pass sentence on him” (Shapira, 282). This type of judgment would give the offender a punishment to test if they were guilty or not. An example of a punishment had included fire. “ The person was seared and the burn was examined; if it healed within three days, he was innocent, and if not, he was guilty” (Shapira,283). This would be a type of retributive justice because the offender is being punished with burns. Retributive justice would be in true a major part of divine judgment the offenders are receiving

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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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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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B. Restorative Justice There is some theoretical ambiguity in the meaning of Restorative Justice in spite of the many definitions and studies done on the subject. Restorative Justice has been defined as “an ethos with practical goals, among which to restore harm by including affected parties in a (direct or indirect) encounter and a process of understanding through voluntary and honest dialogue.” It is primarily concerned with the reinstatement of victims to life before the crime, restoration of the Offender to a well behaved and lawful life, restoration of the injury caused to the community and the creation of a better society in the present and the future. Restorative Justice is not easily defined because it covers a wide range of practices introduced at different stages of the criminal process, including diversion from prosecution, actions analogous with court decisions and meetings between victims and offenders at any stage of the criminal process. One widely-accepted definition of restorative justice was put forward by Tony Marshall which was also accepted by the United Nations Working Party on Restorative Justice, defined restorative justice as; “a process whereby all parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of an offence and its implications for the future.”

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Dominated by ritualistic confines of penance and convoluted legalese, criticisms of the traditional retributive criminal justice system has led to the increase in the popularity of restorative justice (RJ). Consedine defines restorative justice as a “constructive mechanism” designed to foster reconciliation for victims and offenders through mediation (Consedine, 1995: 9). Walgrave notes that due to the complex interpretations of reconciliation and forgiveness it is imperative that an “espresso- definition” of RJ is promoted to ensure its effectiveness (Walgrave, 2008:18). The purpose of restorative justice is to uphold victim rights, inform offenders of wrongdoing and to reduce the “visceral” impact of crime on communities (Morrison, 2012). The NSW Drug Court Act 1998 No 150, Section 3 Objects is a contemporary example of a restorative based scheme involving “compulsory

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Restorative justice is a sentencing model that builds on restitution and community participation in an attempt to make a victim “whole again” (Schmalleger, 2010). Restorative justice can be explained as a form of punishment, which everyone involved or affected by a crime gets a feeling of peace after all if finalized. Both the victim and the offender have to agree to participate in restorative justice. There are needs that have to be met through restorative justice, which are the victim must be

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1. Restorative Justice response to the crime/setting Restorative justice is the repair of justice by reaffirming a shared consensus of values involving a joint or multisided approach; emphasizes victim, community, and offender. In the novel Buck: A Memoir by MK Asante Chapter 7 correlates with the perspective restorative justice. The crime in relation to the perspective was when Uzi, Malo’s brother was jailed for sleeping with a white girl that was thirteen after she lied that she was sixteen and him

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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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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.

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“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”

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