Retributive vs. Restorative Justice
This table illustrates the differences in the approach to justice between Retributive Justice and Restorative Justice. As you will see, Restorative Justice is much more community centric and focuses on making the victim whole.
Retributive Justice |
Restorative Justice |
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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 |
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The criminal justice system controls crime |
Crime control lies primarily in the community |
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Offender accountability defined as taking punishment |
Accountability defined as assuming responsibility and taking action to repair harm |
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Crime is an individual act with individual responsibility |
Crime has both individual and social dimensions of responsibility |
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Punishment is effective:
|
Punishment alone is not effective in changing behavior and is disruptive to community harmony and good relationships |
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Victims are peripheral to the process |
Victims are central to the process of resolving a crime. |
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The offender is defined by deficits |
The offender is defined by capacity to make reparation |
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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?) |
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Emphasis on adversarial relationship |
Emphasis on dialogue and negotiation |
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Imposition of pain to punish and deter/prevent |
Restitution as a means of restoring both parties; goal of reconciliation/restoration |
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Community on sideline, represented abstractly by state |
Community as facilitator in restorative process |
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Response focused on offender’s past behavior |
Response focused on harmful consequences of offender’s behavior; emphasis is on the future |
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Dependence upon proxy professionals |
Direct involvement by participants |
Crime Wounds ~ Justice Heals
Restorative Justice
