Restorative justice is not focused on inflicting punishment like retributive justice models, but may still act as a deterrent (notes). Restorative justice creates an incentive for offenders to not reoffend, as they will have a greater community support system and the incentive to not let down community members once they have regained trust. Though some community members will likely object to the lack of punishment, restorative justice serves the community by providing a far most cost effective justice system (Karmen,
Restorative justice is a sentencing model that builds on restitution and community participation in an attempt to make a victim “whole again” (Schmalleger, 2010). Restorative justice can be explained as a form of punishment, which everyone involved or affected by a crime gets a feeling of peace after all if finalized. Both the victim and the offender have to agree to participate in restorative justice. There are needs that have to be met through restorative justice, which are the victim must be
Just deserts claims that it is the offender’s choice to commit a crime, using the classical theory founded by Cesare Beccaria that states, “It asserts that a person is a rational individual with the free will to make a moral choice whether or not to engage in conduct known to be prohibited” (Starkweather, 1991, p.855). The offender made his choice and therefore must be punished for his act of crime. However, just deserts fails to acknowledge that factors in a child’s upbringing can affect their life choices as an adolescence and adult. As noted by Alley, Minnis, Thompson, Wilson and Gillberg (2014), adults who were “psychically, sexually, and emotionally abused as children were three times more likely than were non-abused adults to act violently as adults” (p.290). Consequently, giving punitive sentences and failing to help them psychologically will not help offenders when they are released back into the community.
This type of justice system is designed very differently when compared with the retributive justice system. The restorative justice system endeavours to bring the victim and the offender together and allow them to speak with each other in the hopes to support the healing process. It will enable the victims to express themselves to the offender and lets the offender apologize and express their feelings to the victim. The restorative justice system often offers the victims of crime closure. The system encourages both parties to reveal themselves to each other and develop a solution for the future to satisfy both parties involved.
Deterrence philosophy reason for sentencing is defined as a philosophy that crime can be prevented through the threat of punishment. Incapacitation philosophy is defined as a philosophy that crime can be prevented by detaining wrongdoers in prison thereby separating them from the community and reducing criminal opportunities. Finally rehabilitation philosophy is defined as the philosophy that society is best served when offenders are provided the resources to get rid of criminal activity from their daily behavior patterns. Retribution just holds the severity of the crime against the guilty and is aimed at pleasing the society as whole party rather than just the victim/s. Deterrence uses other criminals as examples for the community to be discouraged from crime.
However, the dissenting side believe that keeping the there should be a life in prison punishment for juvenile who commit heinous crime regardless of their age. I agree that abolishing the mandatory part but not abolishing the whole Juvenile Life Without Parole sentence because I believed that there are cases when a juveniles should get Juvenile Life Without Parole while there are juveniles who should not deserve it. Some deserve it because they non-repentance killers or to be serial killers while other should not deserve it because of the circumstances required them. Juveniles who killed people without any mercy should be treated as an adult and be given Juvenile Life Without Parole(JLWOP). For example, the murderer of Jennifer Jenkins’ pregnant sister and her husband.
Should non-violent drug offender go to prison? Can you imagine how tragic our society would be if the laws were not enforced and maintained? All laws are put into place to protect people from harm, and shouldn’t be overlooked. If we make concessions for non-violent drug offenders then we are saying “it’s acceptable to break the law”. You must know the "nonviolent" offenders populating our prisons are not college students caught with dime bags.
It will ensure that such persons are not employed in the profession of law enforcement across the United States. Additionally, the law should specify the reasons beyond conviction, such as an officer not found guilty of a serious crime. For example, if an officer is under criminal conviction or has committed offensives, subsequently, an administrative hearing is the reason for his or her certification to be revoked. The tone of professionalism must be set in law enforcement. Solving this problem is too easy.
Retributivism justifies that punishment is payback for crime and its main goal is to give the offender their just deserts. We will first look into the idea of how we treat people as they deserve. According to Rachels, “Moral judgments about what to do frequently depend on considerations about what will happen as a result of our actions.” (Rachels, 1997). People deserve to be treated the same way they treat others. Rachels has also mentioned that people can control their fates by the way they treat others.