Disadvantages Of Restorative Justice

Better Essays
Batley (2005) stated that restorative justice is about restoring, healing and re- integrating victims, offenders, as well as the society and also preventing further harm. In this assignment, I will be discussing approaches to restorative justice and illustrating their advantages and disadvantages to offending. I will also provide the applications of these five approaches of restorative justice which are retributive approach, utilitarian deterrence approach, rehabilitation approach, restitution approach and restorative approach in the given case study. I will then explain my preferred approach to justice through identifying a personal belief or value that underpins my choice.
Retributive approach
This approach might be the oldest theory;
…show more content…
The theory views the offender as either a patient or a victim or both. According to this theory a person who has committed an offense is not morally responsible for the offense he or she has committed because the offense might be the product of an illness in which treatment is required; this type of person is regarded as a patient. When the offense is the product of a dysfunctional social environment the person is regarded as the victim.
The advantage of this approach is that it focuses on the offenders, instead of punishing the offenders this approach focuses on repairing and treating the dysfunctional areas that the offenders are experiencing by means of behavioral therapy and other therapeutic programmes. The disadvantage of this approach is the fact that it does not focus on the victim instead it justifies the offender’s actions by regarding them as patients and victims of dysfunctional societies
…show more content…
The shortcoming of this approach is that it is not appropriate for more serious crimes such as rape and murder, because in cases like those, most of the time there is nothing that offenders can do to restore the loss or make things right The benefit of this approach is that all parties who are involved get the chance to face each other. The victims get an opportunity to be directly involved in the process and get a chance to respond to the crime committed against them. The offender becomes aware of how their offense has impacted the victim, and this in turn allows the offender to take responsibility and to apologize or show remorse to their wrong doings. Through the process healing is promoted to all the parties involved, the offender might be required to pay for the harm caused. This approach also prevents overcrowding in prisons because it also deals with rehabilitative
Get Access