Retributive Justice: What´s Restorative Justice?

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Restorative justice was once a dominant model of criminal justice worldwide (Braithwaite, 1999). The move away from restorative justice occurred during the Middle Ages when communities shifted from Acephallus (headless societies) to ‘States’, therefore shifting the responsibility for punishment and harm reparation from victims to the state (Gavrielides, 2011). This introduced the idea of retributive justice.
Retributive justice refers to the idea that punishment is imposed on the wrong doer because they deserve to be punished as a matter of ‘just deserts’ (Barton, 1999). Whilst retributive justice is dominant worldwide, restorative justice began to re-emerge as an appealing alternative in the 1970’s (Mika & Zehr, 2003). The shift towards a
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Researchers have also identified a perceived fairness amongst victims and offenders in comparison to traditional criminal justice processes (Barnes, Hyatt, Angel, Strang, & Sherman, 2015; Umbreit et al., 2002; Umbreit, Coates, & Vos, …show more content…
These include: a concern for children’s rights, the negative impact of institutionalisation on children, the failure of the criminal justice system to take into account issues for victims and concerns voiced by Māori about the treatment of their children within the system (Maxwell & Liu, 2007, p. 47) and the disproportionate rate of Māori imprisonment (Tauri & Webb, 2012). It is acknowledged that at the time, restorative justice was an unknown concept, yet Family group conferences (FGC) encompass many of the principles outlined in restorative

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