> punishment?
> deterrence?
> retribution?
> restoration/restitution?
One of the most basic things we want out of punishment is a way to restore respect for victims and their dignity. When a murderer escapes conviction, our anger comes out of solidarity with the victim.
What better way to respond to crime, then, than by demanding restitution for victims or their loved ones? The focus there is placed firmly on showing respect for those harmed, and away from bringing new harm to the criminal.
The most obvious objection to such a proposal is that no amount of monetary compensation will ever bring back the dead, or undo an assault, making full justice impossible under restitution. While this is unfortunately true, it is also true of punishment — even if Lockett had suffered for three hours, his victim would still be just as dead.
The difference is that with a restitutive model of justice, we can at least go some way toward healing the wounds of crime. With a punitive model, no steps are taken in that direction at all and new injustices are committed.
Some more arguments:
Punishment vs Restitution
Restorative justice (also sometimes called reparative justice)[1] is an approach to justice that focuses on the needs of the victims and the offenders, as well as the involved community, instead of satisfying abstract legal principles or punishing the offender. Victims take an active role in the process, while offenders are encouraged to take responsibility for their actions, "to repair the harm they've done—by apologizing, returning stolen money, or community service".[2] Restorative justice involves both victim and offender and focuses on their personal needs. In addition, it provides help for the offender in order to avoid future offences. It is based on a theory of justice that considers crime and wrongdoing to be an offence against an individual or community, rather than the state.[3] Restorative justice that fosters dialogue between victim and offender shows the highest rates of victim satisfaction and offender accountability.[4]
Restorative justice - Wikipedia, the free encyclopedia
And some more comparisons:
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 |
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:
|
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
|
A report from the BBC:
Crime meetings 'cut re-offences'
Monday, 5 February 2007, 08:15 GMT
| ||
The study, led by a Cambridge University academic, says schemes helping offenders face up to crimes affect adults more than children. It also suggests a victim's desire for violent revenge is reduced and their recovery from distress is aided. Police and courts can arrange face-to-face meetings but some experts doubt if they help to cut crime. British Crime Survey BBC Home Affairs Correspondent Danny Shaw said: "This report, an evaluation of schemes across the world, indicates that restorative justice can lead to substantial reductions in re-offending. "The more serious the offence, the better the results." Last month, British Crime Survey findings revealed that the risk of becoming a victim of crime in England and Wales is rising for the first time since 1995. The survey, regarded as a reliable measure of crime by the Home Office, said the risk had risen one percentage point to 24.3%. And, in a separate measure, the number of crimes reported to police had fallen 3% in the third quarter of 2006 compared with the same period the previous year.However, the risk of becoming a victim of crime in the UK is still lower than its peak of 40% in 1995. | ||
BBC NEWS | UK | Crime meetings 'cut re-offences'
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