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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.
S v Shilubane, [1] an important case in South African criminal law, was heard and decided in the Transvaal Provincial Division by Shongwe J and Bosielo J on June 20, 2005. The case is significant primarily for its treatment of questions of punishment, advocating the consideration of restorative justice as an alternative to direct imprisonment, urging that presiding officers be innovative and ...
State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408 (2003), was a case in which the United States Supreme Court held that the due process clause usually limits punitive damage awards to less than ten times the size of the compensatory damages awarded and that punitive damage awards of four times the compensatory damage award is "close to the line of constitutional impropriety".
A successful example of this is the Miyo Wahkotowin Community Education Authority, which uses restorative techniques at the three Emineskin Cree nation schools it operates in Alberta, Canada. The Authority has a special Sohki program which has a coordinator work with students with "behavioral issues" rather than punish them and has had ...
Hutto v. Finney, 437 U.S. 678 (1978), is a landmark Supreme Court case against the Arkansas Department of Correction. The litigation lasted almost a decade, from 1969 through 1978. It was the first successful lawsuit filed by an inmate against a correctional institution. The case also clarified the Arkansas prison system's unacceptable punitive ...
Barnes v. Gorman, 536 U.S. 181 (2002), was a case decided by the Supreme Court of the United States on June 17, 2002. The court decided that punitive damages may not be awarded in private lawsuits brought under § 202 of the Americans with Disabilities Act of 1990 (ADA) and § 504 of the Rehabilitation Act.
In the case of more complex brains, the notion of evolution selecting for specific punishment of intentionally chosen breaches of rules and/or wrongdoers capable of intentional choices (for example, punishing humans for murder while not punishing lethal viruses) is subject to criticism from coevolution issues. That punishment of individuals ...