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 |