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restorative justice theory
restorative justice theory
what is your understanding of retributive justicè and restorative justice. Essay
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Four major justifications of the criminal justice system are retribution, rehabilitation, incapacitation, and deterrence.(Bohm & Haley, 2012). But the 5th and most controversial is rational. Retribution is the only rational that addresses the past and its major forms are revenge and “just desserts”.A study showed that instances, where rehabilitation was the punishment for a crime, helped offenders but blamed the victims for their crimes. (Mcfatter, 1978). I originally thought that rehabilitation would be the number one justification for the criminal justice system. Nevertheless, rational is the most talked about.
References: Bohm. R. M., Keith, Haley. N. (2012). Introduction to Criminal Justice (7th ed.). Retrieved from https://www.betheluniversityonline.net/cps/default.aspx?SectionID=5113&tabid=154#1
Wright, J. (2012). Introduction to criminal justice. (p. 9.1). San Diego: Bridgepoint Education, Inc. Retrieved from https://content.ashford.edu/books/AUCRJ201.12.1/sections/sec9.1
Seigal, L. J., & Worrall, J. L. (2012). Introduction to criminal justice (13th ed.). Belmont, CA: Wadsworth.
With matted hair and a battered body, the creature looked at the heartless man outside the cage. Through the dark shadows you could only see a pair of eyes, but those eyes said it all. The stream of tears being fought off, the glazed look of sheer suffering and despair screamed from the center of her soul, but no one cared. In this day in age I am ashamed to think that this is someone's reality, that this is an accurate description of a human being inside a Canadian women's prison . Exposing the truth behind these walls reveals a chauvinistic, corrupt process that serves no greater purpose. The most detrimental aspect of all is society's refusal to admit the seriousness of the situation and take responsibility for what has happened.
Schmalleger, Frank, Criminal Justice A Brief Introduction, Upper Saddle River, NJ, Pearson Education Inc. , 2010, Page 387
Daly, Kathleen, Goldsmith, Andrew, and Israel, Mark. 2006, Crime and Justice: A guide to criminology, third addition, Thomson, Lawbook Co.
This paper considers the desert arguments raised to support retributivism, or retribution. Retributivism is "the application of the Principle of Desert to the special case of criminal punishment." Russ Shafer-Landau and James Rachels offer very different perspectives on moral desert which ground their differing views on the appropriate response to wrongdoing. In "The Failure of Retributivism," Shafer-Landau contends that retributivism fails to function as a comprehensive theoretical foundation for the legal use of punishment. In contrast, in his article "Punishment and Desert," Rachels uses the four principles of guilt, equal treatment, proportionality and excuses to illustrate the superiority of retribution as the basis for the justice system over two alternatives: deterrence and rehabilitation. Their philosophical treatment of the term leads to divergence on the justification of legal punishment. Ultimately, Rachels offers a more compelling view of desert than Shafer-Landau and, subsequently, better justifies his endorsement of a retributive justice system.
Brown, S & Esbensen, F & Geis, G,. Criminology, Explaining Crime and it's Context. 7th ed.
Maguire, M., Morgan, R., and Reiner, R. (2012) The Oxford Handbook of Criminology. 5th ed. United Kingdom: Oxford University Press.
Schmalleger, F. (2009), Prentice Hall, Publication. Criminal Justice Today: An introductory Text for the 21st century
Retribution – is a correctional aim which is to hold a person who has committed a crime accountable for committing a crime against another or society in the form of punishment. (Stojkovic and Lovell 2013) What we look at in retribution is when someone is punished there is legitimacy in the punishment of a particular crime that was committed. Some of the pros of retribution are retribution can make a person or society feel safer or a feeling of justice being served when a person is punished for the crime they committed. The con of retribution is during court proceedings the prosecution and the offender’s lawyer may come to a plea agreement which could give the offender a lesser sentence than what he or she would have gotten originally. (Stojkovic and Lovell 2013)
Journal of Contemporary Criminal Justice, 27, 343-360. http://ccj.sagepub.com.libaccess.lib.mcmaster.ca/content/27/3/342
Morgan, R., Maguire, M. And Reiner, R. (2012). The Oxford Handbook of Criminology. 5th ed. Oxford: Oxford University Press.
Punishing the unlawful, undesirable and deviant members of society is an aspect of criminal justice that has experienced a variety of transformations throughout history. Although the concept of retribution has remained a constant (the idea that the law breaker must somehow pay his/her debt to society), the methods used to enforce and achieve that retribution has changed a great deal. The growth and development of society, along with an underlying, perpetual fear of crime, are heavily linked to the use of vastly different forms of punishment that have ranged from public executions, forced labor, penal welfare and popular punitivism over the course of only a few hundred years. Crime constructs us as a society whilst society, simultaneously determines what is criminal. Since society is always changing, how we see crime and criminal behavior is changing, thus the way in which we punish those criminal behaviors changes.
Provide the justifications for punishment in modern society. Punishment functions as a form of social control and is geared towards “imposing some unwanted burden such as fines, probations, imprisonment, or even death” on a convicted person in return for the crimes they committed (Stohr, Walsh, & Hemmens, 2013, p.6). There are four main justifications for punishment and they are: retribution, deterrence, rehabilitation, and incapacitation. There is also said to be a fifth justification of reintegration as well.
Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal law since by doing so; it discourages him from committing crime again while making him or her pay for their crimes. Retribution does not mean inflicting physical punishment by incarceration only, but it also may include things like rehabilitation and financial retribution among other things. The last purpose of criminal law is to protect the community from criminals. Criminal law acts as the means through which the society protects itself from those who are harmful or dangerous to it. This is achieved through sentences meant to act as a way of deterring the offender from repeating the same crime in the future.