Restorative and Retributive Justice

Paper Summary:

This paper examines how different theories of justice prevail at different times and how two of these can be termed restorative justice and retributive justice. It looks at how, stated simply, restorative justice emphasizes rehabilitation, while retributive justice emphasizes punishment. It attempts to show how the conflict between these two theories marks much of the history of American justice and continues to shape penal policies today.

Outline
Introduction
Punishment and Crime
Restorative Justice
Retributive Justice
Current Programs
Conclusion

From the Paper:

"Punishment in itself is a problem and has been since the beginning of human society. Some people today see punishment as a vestige of the human past that should have been left behind when human beings came out of caves and formed a social order. These people feel that today we should substitute measures that do not involve cruelty to our fellow man. Others believe in punishment as a retributive instrument and feel that punishment can be used against anyone who breaks the laws of God or Man. Packer (1968) writes: "I think both are wrong, although the danger of the moment is that we will overuse the criminal sanction, not that we will abandon it" (p. 3)."

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