A Comparison and Contrast between the Principle of Retributive Justice and Restorative Justice
Chapter 13: Discussion
Compare and contrast the principle of retributive justice and restorative justice, being sure to paraphrase, cite and reference material covered in the course text regarding the principles and related definitions and ideas. Which do you think is better, and why? How would you incorporate either into our present day Criminal Justice System?
Make sure to:
Write a short essay or paragraph of at least 300 words (not including reference information). You must put the word count at the end of your discussion.
Use concrete examples/details and avoid generalities.
You must use your textbook in your answer and you need to use one additional source (not a dictionary-like source).
Address all questions.
You must cite your additional source APA style and give the reference at the end of your discussion.
Use proper grammar and punctuation.
Do not plagiarize.
You will not be able to edit your assignment once you post, so please proofread and spell check before hitting post!
As part of the assignment, you must also reply to ONE of your classmates with at least 150 words. Your word count needs to be at the end of your response.
You will have to POST FIRST to see your classmates’ postings. Make sure your replies are a thoughtful and relevant to what your classmate has posted. Try to build the discussion and keep it going.
According to Strang and Braithwaite (2017), Restorative Justice refers to a community-based approach operating from the belief that to realize Justice, problem-solving measures and healing should be adopted instead of the punitive isolation. The principles govern restorative Justice that when an individual commits a crime, it’s an act against his community, the law, other people, and relationships (Strang & Braithwaite, 2017). Moreover, by committing a crime, the individual creates obligations to the state, community, and the victim. On the other hand, retributive Justice suggests that it’s unjust to punish any wrongdoers more than they deserve, and their punishment should be proportional to their crime’s gravity (Daly, 2005). In other words, inflicting disproportionate punishment on a person wrongs them the way, just like punishing an innocent individual.
The difference between retributive and restorative justice is that crime is considered an action against the state while in retributive Justice (Daly, 2005). In restorative justice, the criminal act is against the community and the victim. Moreover, Daly (2005) adds that in retributive justice, crime is controlled by the criminal justice system while in restorative justice; the community assumes the community’s primary role.
I think retributive justice is better because punishment tends to be more effective since the threat of punishment changes behavior and deters crime. However, under restorative Justice, punishment alone cannot effectively promote behavior change; but instead disrupts good relations and harmony within the community (Strang & Braithwaite, 2017). Restorative justice can be incorporated into the present-day Criminal Justice System because it believes that to realize justice, problem-solving measures and healing should be adopted instead of the punitive isolation.
References
Daly, K. (2005). Restorative versus retributive justice. Criminal Justice Matters, 60(1), 28-37. doi:10.1080/09627250508553613
Strang, H., & Braithwaite, J. (2017). Restorative justice: Philosophy to practice. Routledge.
