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Restorative and Retributive Justice, 2004.
An analysis of the differences between restorative and retributive justice and their impact on the American justice system.
3,058 words (approx. 12.2 pages), 11 sources, MLA, $ 89.95
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Abstract
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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Restorative Justice, 2007.
This paper discusses healing circles and Aboriginal sentencing circles in regard to restorative justice in Canada.
3,300 words (approx. 13.2 pages), 20 sources, MLA, $ 94.95
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Abstract
In this article, the writer notes that Canada is a unique society, in that the modern nation was created out of the conquest of the original inhabitants of the land - the Aboriginals. The writer maintains that it is possible to argue that this unique circumstance of our origins predicates a different approach to justice - at least with regards to the subjugated people. One suggested approach has been the use of restorative justice, as an alternative model to retributive justice. In this specific context, this would require the use of traditional Aboriginal restorative justice practices, including healing circles and Aboriginal sentencing circles. This paper introduces this topic with a broad overview of the key issues; describes healing circles and Aboriginal sentencing circles; evaluates the strengths and weaknesses of these circles; analyzes the implications for our current retributive system; and concludes with a critical analysis and general conclusions.
From the Paper
"All of this is clearly evident from the fact that the Aboriginal population is so over-represented in our prison systems. While Aboriginals comprise less than 2% of the Canadian population, they account for almost 10% of the population of federal incarceration facilities, and much greater percentages of the territorial and provincial institutions. It has also been noted that for Aboriginal sub-groups, such as youth and women, the percentages may be even more disproportionate. In an holistic sense, it would be wonderful to have a justice system that not only coped with the immediate problem of how we as a society deal with criminal offenders, but also contributed in a much more holistic sense to the greater good of our society as a whole."
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Social Justice, 2004.
An explanation of how the social justice system works.
1,108 words (approx. 4.4 pages), 8 sources, MLA, $ 38.95
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Abstract
This paper explains that social justice is a system of laws, norms and sanctions that are put into place according to the form of government. The paper looks at two types of social justice called restorative and traditional, or 'retributive' justice, and compares their effects on criminals and society. The paper also looks at how philosophers viewed social justice, including the philosophy of Nietzsche. Finally, the paper shows how the social justice system deals with issues such as capital punishment and mental illness.
From the Paper
"Justice is an ambiguous term that refers to a sense of equality and 'fairness'. Social justice refers to the way in which this ideological term is put into practice. At its most basic level, social justice is the way in which a community is governed: the laws, norms and sanctions that are put into place according to the form of government. Applying the universal law of freedom and the basic worth of man principle toward the establishment of community means providing the individual with the choice between moral law and the intentions of the individual. It means giving the individual free will to choose between the 'shoulds' of society and the 'wants' of their nature, trusting that the individual will choose the path of justice. The concept of restorative justice is based on these concepts."
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Criminal Justice - Crime & Punishment, 2008.
A descriptive perception of the concept of crime and punishment, social control, and defined concepts of justice.
1,646 words (approx. 6.6 pages), 6 sources, APA, $ 53.95
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Abstract
The paper states that only the human species is known to inflict pain purely for retribution. The fact that justice and punishment for rule violations are evident in animals, and that different human cultures have defined justice, crime, and punishment in myriad, and often in mutually contradictory terms, suggests the need to establish objective principles for concepts of justice that are indeed just. The paper concludes that "justice" incorporates objective rules without basis, which reflect the strength to impose the will of the of those more powerful in society, over the less powerful. The paper also states that crime and punishment are exclusive to human societies, notwithstanding our current relative inability to administer those concepts uniformly and justly, in most human society.
Outline:
A Survey of Cultural Variation of Crime and Punishment Throughout History
Toward the Objective Standard of Justifiable Criminal Definitions and Punishment
Conclusion
From the Paper
"In particular, purposeful actions on the part of society or dominant group of leaders to address unwanted behaviors or actions of the individual is apparent among many animal species, such as in relation to violations of established social and pair-bonding relationships and hierarchy of access to food and other natural resources (Gerrig & Zimbardo 2005). In certain primates, for example, group members risk both physical retaliation and elements of social exclusion if they are discovered by other group members to have hidden or failed to share resources by not disclosing its existence or location."
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Meaning of Justice, 2007.
This paper examines the meaning and the connotations of justice.
1,200 words (approx. 4.8 pages), 8 sources, MLA, $ 41.95
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Abstract
In this article, the writer discusses what exactly justice means and how it applies to a criminal justice professional. The writer explains that justice, as such, refers to a sense of fairness and impartiality, an even-handedness, righteousness, and also objectivity and independence in making up one's opinions. Further, the writer notes that justice is the concept which must predominate when laws are being made, and for a layman, justice would mean that he would be safe and secure in the knowledge that he would be protected adequately by the law, and by the sense of justice that the law must uphold, no matter what. The writer concludes that although justice may have several different connotations, the bottom line is that the criminal has to be punished, and the victim awarded respite and retribution for the crime that he has suffered.
From the Paper
"When one wished to search for the true meaning to justice, one must first decide the method that he wished to use to search for it, because this would provide a rational answer to the problem. The meaning of justice can perhaps be taken therefore, from its use in legal theory, and thereafter, combining it with a concept of ethics. For a criminal justice professional, he would study social control, penal law, criminal procedures, social law, evidence, criminology, victimology, and various other components of the justice system. Each area of study is equally important, and unless all the areas are given equal justice, the professional would not be able to practice law in all fairness. He must be able to implement as many types of justice as are humanly possible in this world, and concentrate on being fair and just in all his judgments of criminal and social behavior."
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Restorative Justice, 2006.
A review and discussion regarding restorative justice.
1,346 words (approx. 5.4 pages), 4 sources, MLA, $ 45.95
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Abstract
This paper reviews and discusses the concept of restorative justice. According to the paper, restorative justice is an approach towards providing justice that concentrates on removing harm caused by an action, holding the offender responsible for the personal action, and providing the victims with an opportunity to identify the crime and criminal.
Outline:
Introduction
Restorative System and Mainstream Judicial Laws
Restorative System: Fundamentals
Restorative System: Serving Society Better
Conclusion
From the Paper
"There are certain clauses in the Restorative law that recognizes the need to adopt different and partially tougher course of action if the offender is not found cooperative. However the law demands that the course of action should be experimented, and evaluated on the grounds that if they are reasonable, restorative, and respectful. The offenders should comply by the standards of safety, values, ethics, responsibility, accountability and civility. The offenders should be exposed to the same nature of crime experienced by the victims, and should be provided with the chance of learning empathy. Such an offender should be provided with opportunities to be productive member of society. The participation of the offender into social and community affairs should be well received and acknowledged. The offender should be equipped with the values and fundamentals required to be productive member of the society."
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"Doing Justice", 2004.
An analysis of "Doing Justice" by Andrew Von Hirsch, which is about a specific theory of retributivism.
1,951 words (approx. 7.8 pages), 2 sources, MLA, $ 62.95
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Abstract
In the book, "Doing Justice", by Andrew Von Hirsch, the theory of retribution is re-addressed. The writer points out how it is Von Hirsch's belief that the purpose of the penal system is to provide punishment proportionate to the crime. The paper explains how the book takes retributivism one step further, arguing that the criminal who breaks the law is taking advantage of the law-abiding citizen and that a proportionate punishment restores the balance to society. It proposes that both benefits and burdens of the system would be limited if the time spent incarcerated was limited.
From the Paper
"Justice is an ambiguous term that refers to a sense of equality and 'fairness'. Social justice refers to the way in which this ideological term is put into practice. At its most basic level, social justice is the way in which a community is governed: the laws, norms and sanctions that are put into place according to the form of government. With criminal behavior, the issues of safety and moral decision-making become an important component of the debate. If crime is considered an environmentally caused event, as opposed to a personal characteristic and, or, choice, then the type of system is needs to be re-evaluated and reconstructed. The importance of commitment in conventional social control is well established, however, there has recently been an increase in interest and a 'reframing' of many of the core concepts associated with ?the need to settle a score? or punishment. Commitment has come to mean the same thing as incarcerated when viewed from certain philosophical tenets."
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Restorative Justice, 2008.
This paper describes the concept of restorative justice and applies it to the situation of children soldiers.
1,480 words (approx. 5.9 pages), 4 sources, MLA, $ 48.95
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Abstract
This paper explains that restorative justice is an organized system designed to promote interpersonal reconciliation, to provide alternatives to more punitive justice systems and, hopefully, to do more lasting good than punishment alone. The author points out that restorative justice in the United States includes victim impact statements and often community service, where the criminal attempts to pay back the community as a whole for the harm he or she has done. The paper then looks at how a system of restorative justice could be used in societies with child soldiers. The paper concludes that, while restorative justice is not a one size fits all solution to criminal actions, it may be the only way to put back together a society wracked by a damaging domestic war.
From the Paper
"Recruitment of children can provide opportunities for children to observe how violence can trump reason. Recent studies of the civil war in Sri Lanka (Human Rights Watch Summary), describe the forceful recruitment of children by the LTTE, Tamil Tiger, rebel movement. Children can see how their unarmed parents are unable to resist the armed and brutal rebels. One can imagine the lesson the children would learn is that being armed would have enabled their parents to protect them; that violence will always win over reason."
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A Restorative Justice System, 2008.
This paper explores the need for a restorative justice system to take the place of the existing criminal justice system.
2,746 words (approx. 11.0 pages), 6 sources, APA, $ 82.95
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Abstract
The paper explores why the public seems to have low levels of confidence and trust in the justice system and the extent to which community residents participate in justice initiatives. The paper examines the potential and the limits of restorative justice as a mechanism and discusses increasing community and citizen involvement in the justice process. The paper clearly shows the evidence that approaches to justice in our modern Western society are ineffective. The paper explains how the criminal justice system ignores the public's role in addressing crime, and thus alienates the community. The paper concludes that future approaches to justice should revolve around a restorative system as opposed to a criminal justice system.
Outline:
Introduction: The General Public and the Criminal Justice System
Why the Public Seems to Have Low Levels of Confidence and Trust
in the Justice System
The Extent to Which Community Residents Participate in Justice
Initiatives
The Potential and the Limits of Restorative Justice as a Mechanism
For Increasing Community and Citizens' Involvement in the Justice Process
Conclusion
From the Paper
"Evidence shows that public confidence and trust in the criminal justice system is low. In Canada, a recent survey revealed that most citizens were dissatisfied with the government's response to crime, even though they found no fault with the police themselves (p. 64). It appears to be the criminal justice system itself that dissatisfies the public. Canadian citizens are dissatisfied with the performance of the criminal court, the prison system, and, in particular, the parole system (ibid). The same findings tend to be replicated in studies of other Western countries, such as the U.S. and Europe (p. 65)."
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Restorative Justice, 2005.
A review of the pros and cons of restorative justice.
3,600 words (approx. 14.4 pages), 11 sources, $ 142.95
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Abstract
This paper addresses the issue of restorative justice for juvenile offenders. According to this paper restorative justice emphasizes rehabilitation and stands as the long term goal of the juvenile justice system. This emphasis changed in the latter part of the twentieth century in response to an increase in violent crime by juvenile offenders. This paper argues that the restorative approach still has many benefits.
From the Paper
"The high rate of juvenile crime necessitates a consideration of the different ways of coping with the issue and of dealing with young offenders. Different theories of justice prevail at different times, and two of these can be termed restorative justice and retributive justice. Stated simply, restorative justice emphasizes rehabilitation, while retributivist justice emphasizes punishment. The conflict between these two theories marks much of the history of American justice and continues to shape penal policies today. While restorative justice was long the goal of the juvenile justice system, the emphasis changed in the latter part of the twentieth century in response to an increase in violent crime by juvenile offenders."
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Restorative Justice and Rape Victims, 2007.
An analysis of how restorative justice is used by rape victims to heal after the crime.
1,351 words (approx. 5.4 pages), 4 sources, MLA, $ 45.95
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Abstract
This paper discusses the concept of restorative justice with regards to rape victims. It gives a definition of restorative justice according to different groups and describes how this form of justice is meant to assist the victim. The paper discusses restorative justice in relation to past cases of rapes and how the victims and families dealt with the crime.
From the Paper
"Because Lucy's bones were part of the evidence, the family could not receive them until the case was ended, but Marian did see her sister's bones; "I gasped at the sight of her skull - it was so beautiful, like burnished gold..." Meanwhile in order to bring closure, Marian was advised by her Buddhist counselor about restorative justice, and she became involved in mediation for other rape victims. Marian told a group of incarcerated rapists that her sister had been gagged before being killed, and so she, Marian, wished to hear their truths. "One of the prisoners who had committed multiple rape said, '...Until you spoke I was just play at victim empathy,' and it clearly helped him to understand what he'd done." And moreover, Marian is planning to write a letter to one of the two persons (now in prison) responsible for the mass murders (and Lucy's murder). "Those who know her [the convicted co-murderer] have advised me that it is not yet time to suggest..." a meeting between the two. "Meanwhile, I am content to continue sending her compassion," Marian concluded."
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Restorative Justice, 2006.
An in-depth look at the history of restorative justice and various related philosophies.
9,152 words (approx. 36.6 pages), 11 sources, MLA, $ 189.95
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Abstract
This paper takes an in-depth look at restorative justice, which fundamentally, is a theoretical mechanism devised to apply philosophical notions of what justice in our society is and how it should operate within our justice system. The paper discusses how restorative justice, as a social function, is an indication of how we, as a society, view the concept of justice from the perspective of moral philosophy.
The paper further reviews varying opinions and philosophies of respected thinkers and philosophers.
From the Paper
"These three philosophers make up the core of what has come to be known as "the enlightenment." From Hobbes to Rousseau a definite progression can be seen; Hobbes laid the template for the age's arguments regarding political theory; he used the same tools that Locke would later use, but he employed them far more conservatively and with obvious consideration for the status quo.
Next was Voltaire, who agreed with the social contract model of justice, but from a perspective that lent significant credence to individual cultural beliefs and practices. Essentially, Voltaire seeks to identify some fundamental ethical ground upon which mankind can justify his actions, or at least, relegate them as either right or wrong. This is where he parts ways most severely with Locke. John Locke presents a number of travelers' tales describing many foreign practices--like cannibalism, and infanticide--that would be completely unacceptable in European society, but are deemed utterly moral in other societies. The point of these examples is to illustrate that the differences between intelligent and well-informed cultures regarding morality and justice are so stark, and so incongruous that no general statements regarding human morality can accurately be made."
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Restorative Justice, 2005.
A discussion regarding restorative justice and its definition.
675 words (approx. 2.7 pages), 3 sources, $ 26.95
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Abstract
This paper discusses the development of restorative justice, building a definition for it by noting some of the elements embodied in it, claims made by supporters, and ways in which different interested parties are involved. This paper also notes that restorative justice occurs when parties with a stake in the given offense come together as a group and decide how to deal with the aftermath of the offense and with its implications for the future.
From the Paper
"Restorative justice is a philosophy based on the idea of rehabilitation, but it includes the idea of restoration not only for the offender but for the victim and the community as well. More technical answers might include what Ashworth (2003) includes, namely that restorative justice occurs when parties with a stake in the given offense come together as a group and decide how to deal with the aftermath of the offense and with its implications for the future. He cites John Brathwaite to the effect that what is to be restored is whatever matters to the parties involved. Restorative justice promotes certain values, cited here as including "healing, moral learning, community participation and community caring, respectful dialogue, forgiveness, responsibility, apology, and making amends" (Ashworth, 2003, p. 164). "
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The Key Role of Encounter in Restorative Justice, 2008.
A discussion of the important function of personal encounter in restorative justice.
2,590 words (approx. 10.4 pages), 9 sources, APA, $ 78.95
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Abstract
The paper argues that a person to person encounter in a relatively informal, extrajudicial setting is a key aspect of the restorative justice process and paradigm. The paper explains that a personal encounter encourages progress to be made in restoring harms, because it allows people to meet as suffering human beings. The paper discusses the moving personal encounter between King Priam of Troy and Achilles the Athenian, as recorded in Homer's "Iliad" and also makes a reference to Aboriginal healing circles.
From the Paper
"Van Ness and Strong (2006: p. 61) begin their chapter on encounters with an account of the moving personal encounter between King Priam of Troy and Achilles the Athenian, as recorded in Homer's Iliad. Hector, son of Priam, had killed Patroclus, much-beloved friend of Achilles. To make matters worse, he had done this while Achilles, in a fit of pique directed at Agamemnon, was refusing to fight on the side of the Athenians. As Achilles was not fighting, Patroclus had borrowed Achilles' armour. This had the unfortunate result that Patroclus had been mistaken by Hector for Achilles, and Hector had therefore killed him (somewhat to his own surprise, for Achilles was widely feared as a warrior)."
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Retributive Views of Punishment, 2006.
This paper makes the argument that utilitarian models of retributive justice are immoral.
1,575 words (approx. 6.3 pages), 1 source, $ 62.95
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Abstract
This paper discusses retributive views of punishment. More specifically, the paper looks at Kantian views of punishment and argues that the utilitarian models used by states are not morally justifiable because they do not respect the rights of the individual.
From the Paper
"Punishment is a very difficult philosophical topic. Different philosophers have argued over the purpose of punishment? Who administers punishment? And whether punishment is a right? In "Marxism and Retribution" Jeffrie Murphy explores these questions. Murphy declares, "Social conditions as they obtain to most societies make...retributivism largely inapplicable within those societies" (Murphy 221). This statement is essentially stating that the way most modern societies are organized makes punishment based on retributivism impossible. This is because most societies are designed to maintain the status quo and not to benefit the individual (Murphy 221). Why does Murphy believe that concepts of punishment designed around maintaining the status quo are problematic?"
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