3 FUNDAMENTAL APPROACHES TO JUSTICE:

RETRIBUTIVEREHABILITATIVE

RESTORATIVE

Justice: What Is?

Terms and Objectives

Terms:

Deterrence Recidivism Retribution/

Retributive Rehabilitation/

Rehabilitative Restorative

Objectives:

1. Be able to define and compare the different approaches to justice in theory.

2. Be able to recognise different elements of each approach to justice in practice.

3. Consider the relative merits of each approach to justice and identify personal preference.

Overview

1.Purposes of System of Justice.

2.Approach to Justice 1: Retributive

3.Approach to Justice 2: Rehabilitative

4.Approach to Justice 3: Restorative

5.Assessing the Approaches

1. Purposes of a System of JusticeEstablishing Rules of Conduct• to reduce/eliminate conflicts• to create a safer place to live•E.g. Highway Traffic Acts (provincial) minimum driving ages, speed limits.

Protecting Rights and Freedoms• right to/freedom to…• right from/freedom from…• E.g. Criminal law branch, RCMP, Charter of Rights and Freedoms

Protecting Individuals• maintaining certain standards• E.g. labour laws, civil law

Protecting Society• from individuals• from abuses of power• E.g. Charter of Rights and Freedoms, habeas corpus

Both Preventative and Reactionary Purposes

2. Approach to Justice 1: Retributive

Underlying Ideas:

“people deserve to be treated in the same way that they voluntarily choose to treat others.”

“the offender has gained unfair advantages through his or her behavior, and that punishment will set this imbalance straight.”

“eye for an eye”

“let the punishment fit the crime”

2. Approach to Justice 1: Retributive

Relationships:

• Crime is committed by the offender against the state.

• Crime is about breaking the law.

• The reaction to crime is punishment.

• Blame is cast on the offender, who has made choices and done wrong.

• Justice is restored through state institutions (court houses, prison).

3. Approach to Justice 2: Rehabilitative

Underlying Ideas:

“people are not permanently criminal and that it is possible to restore a criminal to a useful life”

“goal of rehabilitation is to prevent criminal recidivism.”

“sentencing can include education, therapy or treatment to address underlying causes of criminal activity in the indivudal:

3. Approach to Justice 2: RehabilitativeRelationships:

• Crime is committed by the offender against the state.

• Crime is about breaking the law.

• The reaction to crime can be about addressing underlying issues/causes.

• Offender may have had their ability to make choices reduced, based on what has happened to them/their situation.

• Justice is lead by the state, who may involve outside parties (therapy, education)

http://www.children.gov.on.ca/htdocs/English/topics/youthandthelaw/roots/volume5/preventing05_rehabilitation_strategies.aspx

4. Approach to Justice 3: Restorative

Underlying Ideas:

“criminal activity causes harm to relationships.”

“justice requires the reparation of that harm.”

“helps meet the needs of people faced with crime and conflict in an inclusive and meaningful way.”

“provide voluntary opportunities for those who have been harmed and those who have caused harm to be active participants in their journey for justice, accountability, and reparation.”

http://www.csc-scc.gc.ca/restorative-justice/index-eng.shtml

4. Approach to Justice 3: Restorative

Relationships:

Focused on Needs Victims- Information,

Truth-telling, Empowerment, Restitution/Vindication

Offenders- Accountability, Transformative healing, Encouragement for integration, Temporary restraint

Communities- Attention to concerns, Build Community and Mutual Accountability, Foster conditions

http://www.cscsb.org/restorative_justice/retribution_vs_restoration.html

4. Approaches to Justice 1 & 3: Comparing

5. Assessing the Approaches

1. Identify if you have a preferred approach. What is it about this approach that speaks to you? What is it about the other approaches that seem weak, lacking or inappropriate?

2. Identify a merit and a weakness of each approach. Be specific.

3. Keeping in mind that “justice” is not only meted out in courtrooms and correctional facilitates. Think about the following situations and what approach you would take as the leader:1. A senior administrator in a school; academic

dishonesty amongst grade 10s.2. A security guard in a mall; repeated teenage

shoplifting.3. A brother; to a sister/brother who repeatedly steals

from you for drugs.4. A judge; an international trial for war crimes.

Terms and Objectives

Terms:

Deterrence Recidivism Retribution/

Retributive Rehabilitation/

Rehabilitative Restorative

Objectives:

1. Be able to define and compare the different approaches to justice in theory.

2. Be able to recognise different elements of each approach to justice in practice.

3. Consider the relative merits of each approach to justice and identify personal preference.

Next Class:

Preparing for our trip to the Truth and Reconciliation Commission sessions

http://www.trc.ca/Prep:1- Review the TRC website, especially sections:• Mandate• Reconciliation

2- Review Residential Schools:http://www.canadiana.ca/citm/specifique/abresschools_e.html