Difference Between Retributive Justice And Restorative Justice
In the past, the response to cases involving criminal injustice has been to punish the offender. Restorative justice, however, suggests an alternative approach which attempts to shift the response from punitive to repairing of damage and fixing of the problem. It is a process whereby all the parties to a particular offence come together to respond collectively on how to deal with the consequences of the offence and its implications for the future. Restorative justice does not only help the victim and the offender but also involves the communities they live in, which includes the families of both victim and offender. Communities are also by crime and should be considered as secondary victims. Restorative justice thus has three hallmarks; encounters between victims and offenders, the obligation to repair harm and the expectation that transformation may take place.
1 1 Restorative versus retributive justice
A distinction must be made between Retributive justice and Restorative justice. Retributive justice is where the offender is prosecuted and brought to court in order to be found guilty and pay for what they did. Central focus is the offender getting what they deserve. Restorative justice on the other hand is a process to involve, to the extent possible, those who have a stake in a specific offense to collectively identify and address harms, needs and obligations in order to heal and put things as right as possible. Central focus is the needs of the victims and
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