Retributive Justice
Offense is thought to be a violation of law.
The criminal justice system sets controls.
Offense is considered an individual act.
Approach is based upon debate and opposition.
Goal is to give pain and punishment.
Community is represented by the courts.
Offender is punished and often does not take responsibility for harmful actions.
Focused on offender’s past behaviors.
Depends on professionals for outcome.
Punishment is used to:
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Stop more offenses in the future
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Change offender’s behavior
Victims’ concerns are considered last.
The offender’s weak points are identified
Restorative Justice
Offense is thought to be harmful to another person or community.
The community sets controls.
Offense is regarded as harm done to many.
Approach is based on dialogue and negotiation.
Goal is to restore all parties to harmony.
Community facilitates the process.
Offender accepts responsibility for harm done and takes action to repair the harm.
Focused on harmful effects of offense with intent to guide future choices.
Depends upon participation by all involved – a partnership.
Punishment is considered to:
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Break down human dignity and be disruptive to community relations
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Make no real difference in future behaviors
Victims are central to the repair plan.
The offender’s strengths are identified and used to repair the harm.