Retributive Justice Model

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The retributive model and the utilitarian model of justice are similar in many ways. Both models require the criminal justice system to adhere to the written laws in place when responding to an offense, in addition to pandering to the unspoken rules of society as well. When the distributive justice theory is applied, however, the difference between these two models of justice becomes clearer. The utilitarian model is considered forward-looking in nature, whereas the retributive model is considered backward-looking (Weiler, 1978). The utilitarian model focuses on reaching the maximum threshold of positive outcomes that may occur due to the way in which justice is administered in any given situation. Positive outcomes are derived from the specific punishment an offender receives that may help contribute to the good of society in the future by preventing other crimes from being committed by that individual.

Compared to the retributive application method, procedural justice would function similarly from a utilitarian’s point of view. Once again, there would be focus on the court trial process that incorporated the facts and context of Torres’s actions. Due process rights would be granted to the defendant, a fair trial would be conducted by the court, and victims would, once again, serve as a means for the criminal justice system to reach a final decision.

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Ensuring that victim’s health and his or her needs are met is most definitely a core concept of this model. However, what mainly separates restorative justice from the previous two models is its intense focus on the long-term impacts of the sanction on the offender. Primarily, the goal is to have the offender take responsibility for the crime he or she committed and offer that individual rehabilitative

Restorative Justice Model

Similar to the restorative justice theory, parallel justice is an offender-focused and a victim-focused justice model (Newmark, 2017b). This theory emphasizes on the victim by addressing what he or she needs in order to return to the way he or she was prior to the crime (Newmark, 2017b). As noted by Newmark, “When the social contract is violated, harms to individual victims produce needs that must be addressed” (2017b). However, parallel justice differs from restorative justice because if there is little…

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To what extent has the theory of restorative justice been integrated into Youth Justice practice in England and Wales? Has this gone far enough? The perception by many involved in the justice system in general, and youth justice in particular, is that the present model of punitive retributive justice, often involving incarceration does not work. Indeed, it may be compounding an already huge social problem. This realisation has lead many to look for alternative systems. At present there is a considerable…

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Hybrid tribunals are excellent in theory, but invariably disappointing in practice’ Essay

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