The theories of crime namely restorative and retributive, aim at settling down the violations that have been established in the society. The society has its mechanisms of control to curb erroneous individuals from crossing certain lines of control. Retributive justice, as a form of social control, involves the view of crime as a chronic violation of ethics against the individual human values and expectations. On the contrary, restorative justice looks at the violations of the individual crime against the communal (societal) well being (Köneke, 2011).
Restorative justice is the notion that perceives the trespassing of individual crime, against the victims concerned in the community, rather than the government itself. One such type of justice is the mediation that deals with the offender and the service towards the community. In a nutshell, the restorative justice is used in the context of crimes in order to seek the possibility of the construction of the victim as whole again (Zernova, 2007). The victims of crime are known to suffer from intense psychological and deep emotional challenges. With the restorative justice in the context of use, the justice system seeks to reaffirm the faith in the judicial system, for instance, the police department. The justice administered is seen as the means to settle scores or to repair the harm caused to the means of social control in the society (Zernova, 2007).
Retributive justice attempts to involve all the definition of the contextual state of the victim and the erroneous behavior which leads to the violation of rules. Under the notion of retributive justice, the need for restitution of demand for the punishment of offenders arises. With the above definitions in the context, the restorative justice system is the best over retributive because it creates a model of social control towards erroneous individuals (Köneke, 2011). Individuals are products of the society that they emerge from. With that understanding in perspective, the restoration of faith in the mechanisms of social control creates faith in the general societal well being. Contrary, retributive tends to create personalized approaches in the handling of affliction rather than the instilling of faith in the social set up that created the very erroneous individuals. With that analysis of argument in perspective, restorative justice helps to restore faith in the social set up which is the most important medium of justice over retributive which affects the individual (Köneke, 2011).
In Canada, restorative justice is used in the punitive justice system. This has been caused by the inability of the justice system to alter the cases of the daily increasing crime rates. The crime victims often end up with no mechanisms of concern from the state and the community as a whole. The restorative justice system in Canada aims at the rehabilitation of offenders, compensation of victims, which is a step that other parts of the world are yet to emulate (Zernova, 2007). The type of justice creates the social construction of justice served to the victim while the offenders are made to feel as part of the fair trial processes in terms of the best or the most appropriate relations that deal with the offender-victim relations. The type of justice offers a palm in waiting (alternative strategy) to the Canadian punitive justice system that is presently in place (Zernova, 2007).
The model of the restorative justice system in Canada attempts to create a future that can be relied upon by the whole social set up. This comes with the ideal soft the victim participation and interaction towards the set up of formalization of justice in the society. Institutions and projects, for instance, the John Howard Society of Manitoba has done a lot in the reinstating of the offenders trust to the community once more after crimes have been committed. Most offenders, especially the convicts are victims of isolation due to their past actions. With the organization, which is based in Northern America, the offenders are helped to regain the trust of the community as an interaction of the whole social set up in the administration of justice (Köneke, 2011).
The drawbacks that emerge from restorative justice system is based on the societal perspectives on crime. The traditional principles of retribution; emphasize on vengeance, harshness and over-emphasis, on the damage caused. This is contrasted by the restorative system which aims at restoring the society back on the installation of faith in the whole system of law (Zernova, 2007). The retribution principles are seen to emerge as concentration towards the behavior of offenders through the full force of the law as contrasted with the set up of the societal well being. This can be described as the shift of focus on crime as the forceful impact of revenge towards the offender to the construction of the society towards a restorative role on crime (Zernova, 2007).
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