Models of Justice: Retributive Justice vs. Restorative Justice CLN4U – Mr. Andrez

Retributive Justice Broad focus: crimes are against the state/society Emphasis on punishing those who have committed crimes The punishment should fit the crime Retributive Justice

Citizens in a society enjoy the benefits of a rule of law According to the principle of fair play, the loyal citizen must do their part in this system of reciprocal restraint An individual who seeks the benefits of living under the rule of law without being willing to make the necessary sacrifices of self-restraint is a free rider They’ve helped themselves to unfair advantages, and the state needs to prevent this to preserve the rule of law Kant’s Debt Metaphor

In cases of wrongdoing, someone who merits certain benefits has lost them, while someone who does not deserve those benefits has gained them Punishment "removes the undeserved benefit by imposing a penalty that in some sense balances the harm inflicted by the offense.“ It is suffered as a debt that the wrongdoer owes their fellow citizens Kant’s Debt Metaphor

Rights-based approach focusing on peaceful resolution of wrongs Not so much based on punishing the offender, but on having the offender set things right by recognizing, accepting, and taking real responsibility for their actions Similar to Aboriginal concept of “Healing” Justice: healing the wrong in a cooperative manner Restorative Justice

Restorative Justice Helps to settle conflict to the satisfaction of all the parties involved Victim-offender meditation is one such program Brings together victims, wrongdoers, and trained facilitators. Conflicts are discussed, strategies and schedules for reparations are devised and follow-ups and monitoring are arranged. All occurs in a controlled environment

The process of restorative justice helps offenders learn to accept full responsibility for their actions A goal of RJ is based on establishing a respectful relationship among all parties. This in turn will help offenders to be reintegrated, or restored, into their communities.

All RJ initiatives share three core principles: Crime violates a relationship among victims, offenders, and the community Responses to crime should encourage the active participation of victim, offender and community A consensus approach to justice is the most effective response to crime.