Now that this paper illustrated the roots of emotionally intelligent justice, it will now define the values and principles of emotionally intelligent justice before pointing out the limitations. The main values of the emotionally intelligent justice similar to restorative justice since they both focus on healing the relationship between the offender and the victim, but through non-harmful methods (Roach, 2000). In addition, similar to restorative justice, a crime is a violation of a relationship between the community, victim and the offender (Zehr, 1990) and everyone in the community as a stake in the process (Fox, 2007).
The difference however between emotionally intelligent justice and restorative justice is that modern criminologist wants to alter the way people view …show more content…
The reason why it should not be a factor in the criminal justice system is because it potentially gives the offenders the opportunity to abuse the system since it allows them to seek a lenient punishment and creates inconsistency. It begins with the landmark case of R v. Clough, where the courts outline two crucial requirements that the offender must meet before the courts will consider diverting them into a healing process. The two requirements are accepting responsibility for their action and acknowledging the consequences of their action (R v. Clough, 2001). As mentioned above, people will likely not admit guilt as often time lawyers advise their clients to not apologize as it is an indication of guilt (Rachlinski, Guthrie & Wistrich, 2013), but this is not why emotionally intelligent justice should not be incorporated in the current criminal justice system, rather it is because of the people who admit