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Retributive justice is a theory of justice that considers punishment, if proportionate, is a morally acceptable response to crime, by providing satisfaction and psychological benefits to the victim, the offender and society. In contrast, restorative justice seeks to right the wrong that has been committed and repair the damage that has been sustained by victims, offenders, and communities.
Retribution appears alongside restorative principles in law codes from the
Some examples of retributive justice would include a person who is sentenced to 30 years in jail for rape, or a person who is found guilty and must pay a fine, compensatory damages, lawyer fees and a fixed award to a plaintiff for his actions, according to the Cornell Law Review and the Stanford Encyclopedia of Philosophy. The term retribution comes from both the Middle-English and Middle-French extensions of the original Latin, retribuere; which means to pay back. Restorative justice is not retributive justice. The nature of justice is causal: it can be said that justice reigns when a man’s actions—good or bad— are never divorced from their consequences. Thus the retributive theory of punishment with its criterion of justice as an end in itself gives place to a theory which regards punishment solely as a means to an end, utilitarian or moral, according as the common advantage or the good of the criminal is sought. Retributive justice and restorative justice are two completely different ways of looking at the prison system and dealing with offenders. In general, the severity of the punishment is proportionate to the seriousness of the crime. The retributive justice holds that the penalties of the crimes are acceptable provided that the penalties are proportional to the damage done. Retributive justice is a criminal justice theory that has historical roots, with references to it that go far back into ancient times. Retributive justice, response to criminal behaviour that focuses on the punishment of lawbreakers and the compensation of victims. Retributive justice often relieves the offender from the obligation to acknowledge guilt or to repay the victim and community. Retributive Justice vs. Restorative Justice. I find restorative justice being better than retributive justice especially when dealing with the offenders, the victimized and the society because of its aim of healing the affected entities. Retributive justice is the only kind of justice in crime and punishment. In the broadest sense the term means something given or exacted in recompense. “Justice has been done when the wrong-doer has been sufficiently punished.” Restorative justice is an approach to …