CRIM 131 - Retributive Justice vs. Restorative Justice

focus on punishment for wrongdoing; views crime as a violation of law and emphasizes the need for punishment to restore social order

Retributive Justice

the punishment should be proportionate to the crime’s severity ensuring that more serious offense receive harsher penalties

Proportionality

individuals are held accountable based on their intentions and mental state at the time of the offense, distinguishing between different levels of responsibility

Culpability

the threat of punishment is intended to discourage both the offender and the general public from committing similar offenses in the future

Deterrence

there is a moral obligation to impose penalties on offenders as a form of societal vengeance, reflecting the belief that justice must be served

Retribution

similar offenses should receive similar punishments to uphold fairness and predictability in the justice system

Consistency

strict adherence to established laws and procedures is emphasized to ensure that justice is administered fairly and uniformly

Legal Formalism

the justice system aims to prevent future crimes by incapacitating offdeners, often through imprisonmnet

Protection of Society

the government acts as the enforcer of laws, holding the authority to impose punishment on behalf of society

Role of the State

focus on healing and restoration rather than punishment; seeks to repair the harm caused by criminal behvaior and restore relationships among all parties involved.

Restorative Justice

address the needs of victims, offenders, and the community, focusing on the impact of the crime rather than just the offense itself

Repairing Harm

All statekholders, including victims, offenders, and community members, are encouraged to participate in the justice process, fostering dialogue and collaboration.

Inclusion

offenders are required to take responsibility for their actions and understand the consequences of their behavior on others 

Accountability

recognizing the emotional and psychological needs of both victims and offenders, restorative justice emphasizes support and healing for all parties.

Healing

engaging the community in the justice process empowers them to play a role in addressing crime and its consequences, promoting collective repsonsbility

Community Involvement

believes in the possibility of rehabilitation, focusing on the offender’s ability to learn from their mistakes and reintegrate into society

Potential for Change

open communication between victims and offenders is facilitated to foster empathy, understanding, and reconciliation

Dialogue

the aim is to mend the social fabric disrupted by crime, promoting community cohesion and restoring trust among community members

Restoring Relationships