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Retributive justice is a legal concept whereby the criminal offender receives punishment proportional or similar to the crime.As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., schadenfreude, sadism), and employs procedural standards.
Restorative justice is an approach to justice that aims to repair the harm done to victims. [1] [2] In doing so, practitioners work to ensure that offenders take responsibility for their actions, to understand the harm they have caused, to give them an opportunity to redeem themselves, and to discourage them from causing further harm.
Community sentence [1] [2] or alternative sentencing or non-custodial sentence is a collective name in criminal justice for all the different ways in which courts can punish a defendant who has been convicted of committing an offense, other than through a custodial sentence (serving a jail or prison term) or capital punishment (death).
Transformative justice is distinguishable from restorative justice in that transformative justice places emphasis on addressing and repairing harm outside of the state. [12] adrienne maree brown uses the example of a person who has stolen money in order to buy food to sustain themselves, writing that “if the racialized system of capitalism has produced such inequality that someone who is ...
Retributive justice is perhaps best captured by the phrase lex talionis (the principle of "an eye for an eye"), which traces back to the Code of Hammurabi. Criminal law generally falls under retributive justice, a theory of justice that considers proportionate punishment a morally acceptable response to crime.
Modern frameworks include concepts such as distributive justice, utilitarianism, retributive justice and restorative justice. In broad terms, Distributive justice considers what is fair based on what goods are to be distributed, between whom they are to be distributed, and what is the proper distribution.
Restorative justice in the forms of boot camps and military programs adopted into public education options is starting to be considered. A variety of programs for anger management , self-esteem , etc. have been developed and those working with academics are called upon to develop such alternatives.
In models of restorative justice, victims take an active role in a process with their offenders who are encouraged to take responsibility for their actions, "to repair the harm they've done—by apologizing, returning stolen money, or community service." [60] The restorative justice approach aims to help the offender want to avoid future offences.