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This concept is foundational throughout the world. Restorative justice also known as reparative justice is an approach of justice whose focal point is on the wishes of the victims and the offenders and all the involved parties (“Restorative Justice Practice”). This approach does not look to satisfy the obvious legal principle that requires punishing an offender. These two forms of justice are very different from each other. The paper will focus on the differences between reparative justice and retributive justice.
The proof of retributive justice laws’ popularity is evident through ancient materials. For example, in the ancient Jewish community, this is shown in the Law of Moses; the law included punishments such as life for life. The opinion of whether a punishment is appropriate or fit enough for a certain crime varies greatly between the different cultures of the world.
Comparability necessitates that the height of castigation should be leveled virtually to the severity of the offence. At times the punishment does not always have to be equivalent to the offence (Retributive Justice). The retributive system makes compulsory to reprimand serious offence more callously than minor offence. Conventionally, theorists of chastisement have compared retributivism with utilitarianism. Utilitarian believe punishment is advanced and defensible by an alleged capability to achieve future social benefits such as crime decline. Retributionists believe that punishment is archaic and only justified by the offence that was committed and in agreement with the offence committed. According to people that believe in retributive justice, the seriousness of the crime is usually determined by the amount of harm caused by the offence.
Reparative justice involves the victims taking an active role in the restoration process whole the offenders are encouraged to take liability for their actions. This is by apologizing and returning property that was stolen. This form of
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Similarly, there must be testifying witnesses to corroborate the evidence of conviction to make the case watertight and valid (Vance, 2007). Alternatively, it is fundamental to ensure both sides of the case present their accounts so that there is no inconvenience during the verdict.
Temptation plays an effective role to woo the desire of human beings for wrong doings. One such motivation is to reap the benefits at its maximum and the losses at its minimum. This has to develop external environment in terms of incentives. However, restriction / sanction can be used effectively as deterrent in controlling the crimes and anti social behavior of the offenders (Tyler 309).
, 2012). According to Rogers and Robinson (2004), “Since Nils Christie’s classic 1976 article ‘Conflict as Property’, there has been widespread interest in the potential of ‘restorative justice’ programmes – programmes that seek to give victims and the public a larger role in the criminal justice processes by bringing victims, offenders and their associates together” (Rogers and Robinson, 2004: p.26).
Restorative justice is a form of justice that relies on the principle that crime is a primary conflict between individuals that result in injuries of victims (Daniels, 2013). It bases on the idea that the criminal justice system aims to reconcile the parties while repairing the injuries caused by the crime by facilitating the active participation of the victims, offenders, and their communities.
(Umbreit and Greenwood, 1998) According to Marshall (1999) restorative justice is "a problem-solving approach to crime which involves the parties themselves, and the community generally, in an active relationship with statutory agencies" (p.5).
The main ethos in restorative justice focuses on a process which allows participation by the victim of crime, community representatives, the offender and families of the victim and or the offender.
These foreign organizations have been using the country as logistical base for these terrorist groups and provide heavy funding to support terrorism.
The criminal justice system of the United States has certain elements that are not encountered in other western countries in today's world.
the explanation and summary of restorative justice and review of its central propositions, (2) major findings on how restorative justice has been applied to youth offending and the extent of the community involvement, (3) discussion whether the restorative justice is a valuable
The process focuses greatly on the personal needs of the offender and victim. This paper will analyze the process of restorative justice.
The process of restorative justice as applied in the case of David, Ed, and Mildred encompasses several processes. The process of
The restorative justice system in Canada is an alternative to the criminal justice system, which focuses more on punishing the offender, as opposed to establishing a truce between the victim and the offender2. Under the system of restorative justice,
ich to restore harm by including affected parties in a (direct or indirect) encounter and a process of understanding through voluntary and honest dialogue”(Gavrielides, 2007, 139). He argues that restorative justice approaches conflicts in a different manner; moreover, its
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