1. 3 Fundamental Approaches to justice:
Justice: What Is?
3 Fundamental Approaches to justice:
Retributive
Rehabilitative
restorative

2. Terms and Objectives Objectives:
Be able to define and compare the different approaches to justice in theory.
Be able to recognise different elements of each approach to justice in practice.
Consider the relative merits of each approach to justice and identify personal preference.
Terms:
Deterrence
Recidivism
Retribution/Retributive
Rehabilitation/
Rehabilitative
Restorative

3. Overview Purposes of System of Justice.
Approach to Justice 1: Retributive
Approach to Justice 2: Rehabilitative
Approach to Justice 3: Restorative
Assessing the Approaches

4. 1. Purposes of a System of Justice
Establishing Rules of Conduct
to reduce/eliminate conflicts
to create a safer place to live
E.g. Highway Traffic Acts (provincial) minimum driving ages, speed limits.
Protecting Rights and Freedoms
right to/freedom to…
right from/freedom from…
E.g. Criminal law branch, RCMP, Charter of Rights and Freedoms
Protecting Individuals
maintaining certain standards
E.g. labour laws, civil law
Protecting Society
from individuals
from abuses of power
E.g. Charter of Rights and Freedoms, habeas corpus
Both Preventative and Reactionary Purposes

5. 2. Approach to Justice 1: Retributive
Underlying Ideas:
“people deserve to be treated in the same way that they voluntarily choose to treat others.”
“the offender has gained unfair advantages through his or her behavior, and that punishment will set this imbalance straight.”
“eye for an eye”
“let the punishment fit the crime”

6. 2. Approach to Justice 1: Retributive
Relationships:
Crime is committed by the offender against the state.
Crime is about breaking the law.
The reaction to crime is punishment.
Blame is cast on the offender, who has made choices and done wrong.
Justice is restored through state institutions (court houses, prison).

7. 3. Approach to Justice 2: Rehabilitative
Underlying Ideas:
“people are not permanently criminal and that it is possible to restore a criminal to a useful life”
“goal of rehabilitation is to prevent criminal recidivism.”
“sentencing can include education, therapy or treatment to address underlying causes of criminal activity in the indivudal:

8. 3. Approach to Justice 2: Rehabilitative
Relationships:
Crime is committed by the offender against the state.
Crime is about breaking the law.
The reaction to crime can be about addressing underlying issues/causes.
Offender may have had their ability to make choices reduced, based on what has happened to them/their situation.
Justice is lead by the state, who may involve outside parties (therapy, education)

9. 4. Approach to Justice 3: Restorative
Underlying Ideas:
“criminal activity causes harm to relationships.”
“justice requires the reparation of that harm.”
“helps meet the needs of people faced with crime and conflict in an inclusive and meaningful way.”
“provide voluntary opportunities for those who have been harmed and those who have caused harm to be active participants in their journey for justice, accountability, and reparation.”

10. 4. Approach to Justice 3: Restorative
Relationships:
Focused on Needs
Victims- Information, Truth-telling, Empowerment, Restitution/Vindication
Offenders- Accountability, Transformative healing, Encouragement for integration, Temporary restraint
Communities- Attention to concerns, Build Community and Mutual Accountability, Foster conditions

11. 4. Approaches to Justice 1 & 3: Comparing

12. 5. Assessing the Approaches
Identify if you have a preferred approach. What is it about this approach that speaks to you? What is it about the other approaches that seem weak, lacking or inappropriate?
Identify a merit and a weakness of each approach. Be specific.
Keeping in mind that “justice” is not only meted out in courtrooms and correctional facilitates. Think about the following situations and what approach you would take as the leader:
A senior administrator in a school; academic dishonesty amongst grade 10s.
A security guard in a mall; repeated teenage shoplifting.
A brother; to a sister/brother who repeatedly steals from you for drugs.
A judge; an international trial for war crimes.

13. Terms and Objectives Objectives:
Be able to define and compare the different approaches to justice in theory.
Be able to recognise different elements of each approach to justice in practice.
Consider the relative merits of each approach to justice and identify personal preference.
Terms:
Deterrence
Recidivism
Retribution/Retributive
Rehabilitation/
Rehabilitative
Restorative

14. Next Class:
Preparing for our trip to the Truth and Reconciliation Commission sessions
Prep:
1- Review the TRC website, especially sections:
Mandate
Reconciliation
2- Review Residential Schools: