Retributive vs Restorative Justice

By Doerner & Lab, 2014, p.136

Retributive Justice Restorative Justice
Crime is an act against the state, a violation of a law, an abstract idea Crime is an act against another person and the community
The criminal justice system controls crime Crime control lies primarily in the community
Offender accountability defined as taking punishment Accountability defined as assuming responsibility and taking action to repair harm
Crime is an individual act with individual responsibility Crime has both individual and social dimensions of responsibility
Punishment is effective:Threats of punishment deter crime Punishment changes behavior Punishment alone is not effective in changing behavior and is disruptive to community harmony and good relationships
Victims are peripheral to the process Victims are central to the process of resolving a crime.
The offender is defined by deficits The offender is defined by capacity to make reparation
Focus on establishing blame or guilt, on the past (did he/she do it?) Focus on the problem solving, on liabilities/obligations, on the future (what should be done?)
Emphasis on adversarial relationship Emphasis on dialogue and negotiation
Imposition of pain to punish and deter/prevent Restitution as a means of restoring both parties; goal of reconciliation/restoration
Community on sideline, represented abstractly by state Community as facilitator in restorative process
Response focused on offender’s past behavior Response focused on harmful consequences of offender’s behavior; emphasis is on the future
Dependence upon proxy professionals Direct involvement by participants