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Restorative justice is an approach to justice that aims to repair the harm done to victims. [1] [2] In doing so, practitioners work to ensure that offenders take responsibility for their actions, to understand the harm they have caused, to give them an opportunity to redeem themselves, and to discourage them from causing further harm.
Retributive justice is a legal concept whereby the criminal offender receives punishment proportional or similar to the crime.As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., schadenfreude, sadism), and employs procedural standards.
In models of restorative justice, victims take an active role in a process with their offenders who are encouraged to take responsibility for their actions, "to repair the harm they've done—by apologizing, returning stolen money, or community service." [60] The restorative justice approach aims to help the offender want to avoid future offences.
In the United States, Law Enforcement Assisted Diversion (LEAD) is a model framework that provides police with an alternative to criminal prosecution in cases involving low-level crimes related to drug use, mental health issues, and poverty. The multi-agency approach allows police officers to refer individuals to behavioral health services ...
Despite not actually strengthening crime victims' rights in law, it served as a normative reorientation of the Social Services Act towards crime victims. [125] Swedish multiplicities are obliged to offer mediation, based on restorative justice principles, to offenders under 21 years old, with the aim of reducing cases of recidivism.
The use of restorative justice in schools began in the early 1990s with initiatives in Australia. Restorative justice models are used globally and have recently been introduced to school disciplinary policies in the US as an alternative approach to current punitive models, such as zero tolerance. [18]
For every school that is built, the focus on punitive punishment has been seen to correlate with juvenile delinquency rates. [17] Some have suggested shifting from zero tolerance policies to restorative justice approaches. [18] Juvenile detention centers, juvenile courts and electronic monitoring are common structures of the juvenile legal ...
Penology is a subfield of criminology that deals with the philosophy and practice [1] [2] of various societies in their attempts to repress criminal activities, and satisfy public opinion via an appropriate treatment regime for persons convicted of criminal offences.