Restorative Justice: Substantive Justice And Procedural Justice

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Ethical Standards The word Justice means the quality of being impartial, fair, and just (Pollock, 2017, p.56). The concept of justice helps to determine guilt and dispense punishment for criminal violation. There are two components of corrective justice substantive justice and procedural justice. Substantive justice is how fair punishment is determined. Procedural justice is the steps taken before administering punishment. The purpose of this paper is to discuss a situation and determining the sentence of the juvenile defendant by applying retributive justice, utilitarian justice, or restorative justice.
Situation
As a probation officer, one must prepare sentencing recommendation report for a judge about a juvenile defendant to be sentenced in one case (Pollock, 2017, p.84). According to the school’s records, …show more content…

64). Retributive justice is based on a philosophy of “an eye for an eye.” Retributive shows disapproval of criminal violation, validate existing laws and make criminals pay for their criminal …show more content…

Once a suspect is placed under arrest, law enforcement officer must read him their Miranda Rights, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you” (Reuters, 2017). In addition, the law enforcement officer needs to ensure that the suspect understands his or her rights. Miranda Rights do not have to read until an arrest is made. If Miranda Rights are not read after an arrest any spontaneous or voluntary statements can be used against them (Kita, 2012). However, there are risks that the judge will throw out any statements made in

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