Restorative Justice vs Retributive Justice paper

Restorative Justice vs Retributive Justice paper

What aspects of retributive justice contribute to offenders not having accountability and not taking personal responsibility?

Retributive justice involves punishing the offender. According to this notion, an offender, having violated rules or laws, deserves to be punished and, for justice to be reestablished, has to be punished in proportion to the severity of the wrongdoing (Michael, Tyler, Norman &Michael, 2008). Retributive justice holds the idea that wrong doers should be paid back for their bad deeds and make them feel what they made others feel. However, the retributive justice system does not ensure that the offenders take personal responsibility of their actions. This is because it is a form of vengeance. it more centered on making the offender feel the same way he or she made others feel rather that rebuilding their character so that they know how to interact the society. Punishments based on vengeance neither satisfy the principles of proportionality or consistency nor impact positively to the society. Retributive justice does not ensure offenders take responsibility of their actions, as long as one is found guilty, he or she is punished accordingly.

What is there about restorative justice that would lead an offender to be accountable for his or her actions that is missing in the retributive justice system?

Restorative justice involves rehabilitating the offender rather than punishing him or her. According to Michael et al. (2008), restorative justice is a process of deliberation that places emphasis on healing rather than punishing: healing the victim and undoing the hurt; healing the offender by rebuilding his or her moral and social selves; healing communities and mending social relationships. It gives the offender and the victim to meet and that way, the offender can understand the amount of damage or hurt the brought upon their victim. Punishment alone is not enough to change the behavior of the offender and it only disrupts the harmony. As such, this type of justice builds relationships by enabling the two parties communicate.

Through communication, the offender becomes accountable for his or her actions and then they are rehabilitated in preparation to join the society again. These dialogue approaches that are not in the retributive justice can lead an offender to taking responsibility for his or her actions.

Discuss your understanding of incarceration as a tool for offender rehabilitation.

Offenders are incarcerated in order to seclude them from the society and reduce the chances of the offence being committed again. Incarceration is used as a tool for offender rehabilitation if the offenders are taken through a proper rehabilitation programme while in seclusion. The prisoners not only learn basic life and communication skills but also income-generating skills while in incarceration. These skills later help them when they are free to interact with society.

Incorporating your understanding of retributive justice, discuss how “rehabilitation” under the retributive justice model is almost destined to fail.

Rehabilitation under the retributive justice system in destined to fail because the offenders have not taken account for their mistakes. A person cannot reform without first accepting their mistake acknowledging that they hurt another person. After accepting their offence, the offender can now accept consequences of their actions and undergo rehabilitation. Since the retributive justice model does not place importance on the offender accepting their mistake, rehabilitation cannot be effective.

How can the concept of accountability under the restorative justice model change the “myth” of rehabilitation into a reality?

Restorative justice allows the offender and the victim to come face to face and discuss how everyone has been affected by the offence. The offender can give an account as to why he or she committed the offence and the victim can explain how the offence hurt them. Once the offender sees the pain or damage he or she caused, they will be more willing to undergo rehabilitation in order to prevent a similar occurrence in future. As for the victim, they will understand why the offence was committed and once the offender accepts their mistakes, the victim will be more welcoming to the offender after their rehabilitation. When a peace and goodwill is established between the two parties, rehabilitation will be successful.

 

 

 

 

 

 

 

 

 

 

References

Wenzel, M., Okimoto, T. G., Feather, N. T., & Platow, M. J. (2008). Retributive and restorative justice. Law and human behavior, 32(5), 375-389.