Posted: August 29th, 2022

A Comparison and Contrast between the Principle of Retributive

A Comparison and Contrast between the Principle of Retributive Justice and Restorative Justice
Chapter 13: Ace my homework – Write my paper – Online assignment help tutors – 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?

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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.

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