Restorative justice has a deep concern for the community and maintaining harmony within it. It assumes that there is an innate Goodness in the victim, offender, and the community, that will enable them to participate in the meetings and work toward satisfying outcomes in good faith. Restorative justice assumes there should be moral education in the citizenry. Look at the differences and reflect on how better it would be for our nation and its citizens if the government should interfere less in the natural operations of the community.
What is the goal of the justice system?
Retributive Justice: To punish the offender
Restorative Justice: To have the offender repair the harm from the offense
What is the typical outcome?
Retributive Justice: The Offender does jail time, in extreme cases, the offender is sentenced to death.
Restorative Justice: Offender finds a way to compensate the victims, to deter themselves from offending again, and to restore themselves before the rest of society.
How is the outcome decided?
Restorative Justice: A trial in which legal representatives for the community (or the State) and for the offender engage in an Adversarial Discussion, in which one side wins and the other side loses, to decide whether a law has been broken by the offender, as decided by an impartial third party (Jury and Judge). The victim plays little or no role.
Retributive Justice: A Victim offender meeting, in which the offender, the victim and representatives from the community discuss these questions:
1) What are the needs of the parties involved and what obligations do we have to each?
2) Who has the offense hurt and how?
3) What is the appropriate process to make things right?
• This mediation is not Adversarial but seeks consensus. Note, that the victims, offenders, and community collectively decide the outcome.
Where Is this practiced?
Restorative Justice: NYS Trial System
Retributive Justice: Native American Tribes (Cherokee, and others), Schools, Amish, & German speaking countries.
What is the main concern regarding the victim?
Restorative Justice: The satisfaction of knowing the offender is being punished and the comfort of feeling safe from future offenses.
Retributive Justice: Victim gets to express what of how much they have lost and have a say in how to be compensated. Victim gets a chance to face or forgive the offender.
What is the main concern of the offender?
Restorative Justice: Getting what he deserves
Retributive Justice: Offender gets to explain his story, why he committed the offense. The offender gets a chance to empathize with the victim. The offender has a say in how to make things right or to compensate the victim, or to bring Equilibrium to the community. The offender has the right to repent and to change his character.
What is the relationship between the offender and his community?
Restorative Justice: The offender must be separated from his community (family and neighbors)
Retributive Justice: The offender is staged within his community (family and neighbors) and is re-introduced to it. The community learns to be supportive of the offender and the offender learns he is accountable to his community. Often entails offender doing community service and the community’s creation of a 5-7 person ‘Circle of Support and Accountability” for the offender.
Christianity’s opinion: Bible Verses in Support
Restorative Justice: Roman 13:1-5 Let everyone be subject to the governing authorities, for there is no authorities, for there is except that which God has established. The authorities that exist have been established by God. Consequently, whoever rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgement on themselves. 3 for Rulers hold no terror for those who do right, but for those who do wrong. Do you want to be free from fear of the one in authority? Then do what is right and you will be commended. 4 for the one in authority is God’s servant for your good. But if you do wrong, be afraid, for rulers do not bear the sword for no reason. They are God’s servants, agents of wrath to bring punishment on the wrongdoer.
Retributive Justice: Brothers and sisters, if someone is caught in sin, you who live by the spirit should restore that person gently… but watch yourselves, or you may also be tempted.
2 Corinthians 5:17
Therefore, if anyone in Christ, he is a new creation; old things have passed away; behold, all things have become new.
