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Retributive Justice And Restorative Justice

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Restorative justice is a collaborative decision-making process that includes victims, offenders and others seeking to hold offenders accountable by having them: (1) accept and acknowledge responsibility for their offences, (2) to the best of their ability repair the harm they caused to victims and communities, and (3) work to reduce the risk of re-offense by building positive social ties to the community (Karp, 2004). Restorative Justice is just one of many justice mechanisms used in society. There are many forms of justice, which is why Kathleen Daly (2012) proposed the term “innovated justice” to be used as an umbrella concept to encompass all forms that contain justice mechanism. Justice is typically associated with the criminal justice…show more content…
Instead of focusing on punishment, restorative justice focuses on creating a trustworthy social support system in order to stimulate meaningful dialogue and investment in the restorative process (Karp & Sacks, 2014). Both retributive justice and restorative justice focus on victims, but restorative justice includes of offenders within the situation. With this inclusion, restorative justice could provide emotional closure to victims. This possibility creates a gap between what the criminal justice system promises to provide in terms of safety, security, and satisfaction and what it actually can deliver (Joyce-Wojtas & Keenan, 2016). A gap also arises because advocates of the criminal justice system have unrealistic expectation and participants that do not know how to act in a restorative manner (Daly,2003). The possibility for emotional closure that restorative justice provides is based on the acknowledgement of guilt provided by offenders, allowing the victims to face their offenders, and work out some type of reparation for the harm…show more content…
The start of the restorative process being starts with conference, where the offender(s), victims(s), their supporters, other relevant community members, a police officer, and conference facilitator met to discuss the offense, its impact, and how it should be repaired (Daly, 2008). Conferences have been used in youth sexual offense claims since 1995. In sexual assault, retributive justice is sufficient but does not offer much for the victim as stated earlier. This is directly related to the types of justice. “Reparative action (mending that which is broken or replacing that which is lost) can make a significant difference to people’s lives”, but “it is restorative action- acts that symbolize our renewed understanding of the sanctity of life, or our willingness to co-exist with each other- that brings lasting change and safer communities” (Lyubansky & Bartner, 2011). While the criminal justice system focuses on victims and their protections in sexual offenses, what about the protection of the offenders? Sex offenders are often demonized as a crazed monster or a sex craving, fiend and are singled out when put above any other offenders in society (McAlinden, 2007). Best (1990) states demonization occurs because the idea of a sex offender allows society to attached its fears and vulnerabilities to the victimized label, which is then blown out of
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