"PROPORTIONALITY AND MAKING THINGS RIGHT: AN INTEGRATIVE APPROACH TO RETRIBUTIVE AND RESTORATIVE JUSTICE "
Date
2023
Authors
Linder, Sam
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon
Abstract
"In this project, I aim to integrate principles of retributive justice and restorative justice into a comprehensive philosophy of justice that can punish wrongdoers while still acknowledging and respecting their humanity. Retributive justice aims to punish offenders in proportion to the crime they committed. However, its emphasis on bringing perpetrators to justice through punishment can cause people to forget that the perpetrators are human beings, resulting in punishments that may be too extreme or immoral. The aim of restorative justice is to heal, not just the person who has been harmed by the wrongdoer, but to heal all parties involved. This usually means the victim, the offender, and both of their respective communities. I think each system of justice has its merits, since the retributivist system has been widely used in the U.S., but it would be beneficial to integrate some restorative principles into the current American criminal justice system. In my project, I examine the core beliefs of the retributivist system and their origins, detailing how they came to be what they are today. Next, I cover restorative justice and its benefits. Finally, I outline an integrative approach to both systems of justice, with the hope that it will encourage people to reconsider how they view criminals and those they perceive as “enemies.” "
Description
Keywords
restorative justice, retributive justice, criminal justice, community, needs