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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.
Alternatives can take the form of fines, restorative justice, transformative justice or no punishment at all. Capital punishment , corporal punishment and electronic monitoring are also alternatives to imprisonment, but are not promoted by modern prison reform movements for decarceration due to them being carceral in nature.
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.
Transformative justice is distinguishable from restorative justice in that transformative justice places emphasis on addressing and repairing harm outside of the state. [12] adrienne maree brown uses the example of a person who has stolen money in order to buy food to sustain themselves, writing that “if the racialized system of capitalism has produced such inequality that someone who is ...
They advocate for reform in the police departments, prosecutorial reform, court reform, prison reform, and mostly for restorative justice. UNODC helps countries develop plans such as legislature to pass to reform their entire criminal justice system. They also work closely with other groups mostly fixating on the global drug problem.
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 ...
Problem-solving courts (PSC) address the underlying problems that contribute to criminal behavior and are a current trend in the legal system of the United States.In 1989, a judge in Miami began to take a hands-on approach to drug addicts, ordering them into treatment, rather than perpetuating the revolving door of court and prison.