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Humanities Legal Studies Topic started by: colleen on Jul 31, 2012



Title: Define and discuss the differences between retributive and restorative justice.
Post by: colleen on Jul 31, 2012
Define and discuss the differences between retributive and restorative justice.  Which area of justice do you feel serves the public best?  Why?  Give examples to support your answer.


Title: Re: Define and discuss the differences between retributive and restorative justice.
Post by: how_mendel on Aug 2, 2012
Retribution the act of taking revenge on a criminal perpetrator. Restoration  is a goal of criminal sentencing that attempts to make the victim whole again.
Crime is an act against the state, a violation of a law, an abstract idea.
Crime is an act against another person or the community.
The criminal justice system controls crime.
Crime control lies primarily with the community.
Offender accountability is defined as taking punishment.
Offender accountability is defined as assuming responsibility and taking action to repair harm.
Crime is an individual act with individual responsibility.
Crime has both individual and social dimensions of responsibility.
Victims are peripheral to the process of resolving a crime.
Victims are central to the process of resolving a crime.
The offender is defined by deficits.
The offender is defined by the capacity to make reparation.
The emphasis is on adversarial relationships.
The emphasis is on dialogue and negotiation.
Pain is imposed to punish, deter, and prevent.
Restitution is a means of restoring both parties; the goal is reconciliation.
The community is on the sidelines, represented abstractly by the state.
The community is the facilitator in the restorative process.
The response is focused on the offender’s past behavior.
The response is focused on harmful consequences of the offender’s behavior; the emphasis is on the future and on reparation.

There is dependence on proxy professionals.
Both the offender and the victim are directly involved.