Comparison of Restorative and Retributive/Punitive Justice | ||| comparing and contrasting them, which of them is advocated by the Bible, the nature of Kenya's justice system, as well as examples from the Scriptures/Bible and which of the two I think is appropriate to ensure a peaceful society/community in Kenya. In order to keep this article as simple as possible, I will start by defining keywords that will be used and associated repeatedly or terms that relate/coexist. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get the original essay Definitions Justice – justice is derived from the word being just. Justice is an action consistent with the requirements of certain laws. So it involves actions such as being fair, equitable and just. Conflict – Talking about justice implies that injustice exists, and injustice alludes to conflict, so justice is essentially crucial to conflict, conflict resolution, and reconciliation. Conflict results from a disagreement between two or more parties who have incompatible goals. Restorative Justice – Just as the word suggests it is about restoration, this is where criminals or offenders who have been found guilty are put through a process where they are rehabilitated i.e. in prisons or correctional centers, and then reconcile with the victims and the community/society at large. In my other course we defined it as VOMP, Victim Offender Mediation Program or commonly called VOMP by Umbreit et.al (1994). Retributive Justice - Retributive justice is similar to retributive justice which suggests that an offender/criminal is supposed to be punished equally to the offense/crime, inflicted or may have caused because the offender deserves the punishment so to prevent future crimes, that is, in order to deter him from committing similar offenses when he reflects on the reciprocity he received for his offenses. It can be described as a “righteous desert”. Peace – It is primarily defined by its absence, but in its simplest form it is an environment where no violence or tension exists, where people are able to reach their potential without anything limiting their freedom. Contrast between restorative justice and punishment There are two or more parties involved, namely the offender and the victims who may be individuals, a community or even a state. The only difference between the two types of justice as it relates to victims is that restorative justice focuses on violations and crimes against individuals/groups and the community. As for punitive/retributive justice, it covers crimes committed against the State. Second, as Braithwaite stated, John. (1999), they both focus on punishing the offender or agreeing to it and recognizing that what they did is wrong, but they take different actions, while retributive justice advocates that those who do not follow the rules or who have committed crimes should suffer sanctions for their mistakes without any consideration for the victims as to their satisfaction with the measures taken. Moreover, once they are found guilty, it does not matter whether they plead guilty or not, but must suffer equally for the harm they have suffered. provoked. While for restorative justice, it aims to heal the victim's wounds,victims taking an active role in directing the exchange as well as defining the responsibilities and obligations of the offenders. As Braithwaite argues, John. (1989) Offenders are encouraged to understand the harm they may have caused to victims and to take responsibility for it. What does the Bible recommend? From my perspective, the restorative type of justice has the most weight in relation to the teachings of Scripture/the Bible. . The Bible advocates punishing wrongdoers while at the same time, from the stories told, wrongdoers/offenders were punished for their evil deeds, but what is important is that they recognize the wrong, seek forgiveness and are ultimately reintegrated into society as God is. against disunity. Punishment has been witnessed from the very first book of the Bible. In Genesis, Adam and Eve were punished for disobeying God when they ate the forbidden fruit. Genesis 3- (8:23 The New King James Version)) Then the man and his wife heard the voice of the Lord God as he walked in the garden in the cool of the day, and they hid themselves from the Lord God among the trees in the garden. But the Lord God called to the man, “Where are you? » He replied: “I heard you in the garden and I was afraid because I was naked; so I hid. And he said: “Who told you that you were naked? Have you eaten from the tree that I commanded you not to eat from? The man said, “The woman you put here with me gave me some fruit from the tree and I ate it. » Then the Lord God said to the woman: “What have you done? » The woman said: “The snake deceived me and I ate it. » Then the Lord God said to the serpent: “Because you have done this, you are cursed above all cattle and all wild animals! You will crawl on your belly and eat dust all the days of your life. And I will put enmity between you and the woman, and between your descendants and hers; he will crush your head and you will strike his heel. » He said to the woman: “I will make your birth pains very intense; it is through hard work that you will bear children. You will desire your husband, and he will rule over you. He said to Adam, “Because you listened to your wife and ate of the fruit of the tree about which I commanded you, ‘You must not eat of it,’ “Cursed is the ground because of You ; through hard work you will eat food from it all the days of your life. It will produce thorns and thistles for you, and you will eat the plants of the field. In the sweat of your brow you will eat your food until you return to the earth, for you are dust and to dust you will return. Adam named his wife Eve, because she would become the mother of all living. The Lord God made garments of skin for Adam and his wife and clothed them. And the Lord God said: “This man has now become like one of us, knowing good and evil. He must not be allowed to reach out and take also from the tree of life to eat and live forever. Then the Lord God banished him from the garden of Eden to work the land from which he had been taken. From this great example and the very first form of punishment, it is clear that the Bible/Scriptures are against retributive justice. God gave them the opportunity to confess and acknowledge the evil that Adam and Eve had committed. It is also interesting to note that there was a sort of negotiation between the two parties, whereas when it comes to retributive justice, the crime, as I said earlier, must be transgressed against a state . Additionally, I cannot deny recognizing that there are instances where retributive justice A type of retributive justice was employed and implied in some teachings as well. Examples include "(Galatians 6:7, thenew King James Version)). It is a divine law that "whatsoever a man soweth, that shall he also reap. Another example is the breastplate of Isaiah (59:17-1) and the helmet of salvation upon his head; and he put on the garments of vengeance and wrapped himself in zeal as in a cloak. 18 According to their deeds he will repay: wrath to his adversaries, recompense to his enemies; When justice is related to retribution and punishment, it is about the simple desire of offenders to get what they deserve. This is seen in the famous quote "an eye for an eye" from the Bible, which prescribes exactly. what punishment should be meted out for every sin We see this in Exodus (21:23-25, The New King James Version) It says, “But if there be a grievous injury, thou shalt take life for life. , 24 an eye for an eye, a tooth for a tooth, a hand for a hand, a foot for a foot, 25 burn for burn, wound for wound, bruise for bruise.” . This “law of retaliation establishes the principle according to which the offender must suffer the same harm that he could have caused to the victim”. The objective is to guarantee the balance of justice; in other words, only an eye for an eye, not two eyes for an eye. This creates a separation between the balance of justice rather than vengeance where fairness is thus in the service of one. Many restorative justice practitioners reject this aspect of biblical justice because they view punishment/retribution as something that goes against the project of justice, as they claim that offenders should be reintegrated into society. Braithwaite, John. (2002) argues that although restorative justice is in many ways rooted in the biblical concept of justice, this important aspect is sometimes overlooked. Our actions have consequences and we must be prepared to bear them. Our modern (or postmodern) sensibilities make it difficult for us to accept the idea of punishment and retribution, but it is an important concept in the Bible. It is also important to note that in most biblical passages where God's actions are in the name of retributive justice, "God takes up the cause of the one who suffered and rebalances the moral universe." There is evil in the world and it must be faced. This is what justifies this type of justice. Natures of the Kenyan Justice System There is no doubt that Kenya's modern and present type of restorative justice is practiced and respected. Umbreit et.al (2003) emphasize that restorative justice is a concept based on values that emphasize the importance of providing opportunities for more active participation in the process of offering support and assistance to victims criminal acts, holding offenders directly accountable to individuals and communities. they violated, restore victims' emotional and material losses, provide a range of opportunities for dialogue and problem solving between interested victims of crime, provide offenders with opportunities for skill development and reintegration into a life productive community and enhance public safety through community building. The criminal justice system in Kenya views punishment as the primary means of dealing with an offense. Punishment most often involves incarceration. This means that the offender is incarcerated, which isolates him from the outside world. The majority of incarcerated offenders will eventually be released and must reintegrate into the community. Reintegration becomes important to facilitate the offender's reintegration into the community. From legal systems where an individual is innocent until proven guilty, in the legal process they are allowed to reconcile or.

Essay / Comparison of Restorative and Retributive/Punitive Justice | ||| comparing and contrasting them, which of them is advocated by the Bible, the nature of Kenya's justice system, as well as examples from the Scriptures/Bible and which of the two I think is appropriate to ensure a peaceful society/community in Kenya. In order to keep this article as simple as possible, I will start by defining keywords that will be used and associated repeatedly or terms that relate/coexist. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get the original essay Definitions Justice – justice is derived from the word being just. Justice is an action consistent with the requirements of certain laws. So it involves actions such as being fair, equitable and just. Conflict – Talking about justice implies that injustice exists, and injustice alludes to conflict, so justice is essentially crucial to conflict, conflict resolution, and reconciliation. Conflict results from a disagreement between two or more parties who have incompatible goals. Restorative Justice – Just as the word suggests it is about restoration, this is where criminals or offenders who have been found guilty are put through a process where they are rehabilitated i.e. in prisons or correctional centers, and then reconcile with the victims and the community/society at large. In my other course we defined it as VOMP, Victim Offender Mediation Program or commonly called VOMP by Umbreit et.al (1994). Retributive Justice - Retributive justice is similar to retributive justice which suggests that an offender/criminal is supposed to be punished equally to the offense/crime, inflicted or may have caused because the offender deserves the punishment so to prevent future crimes, that is, in order to deter him from committing similar offenses when he reflects on the reciprocity he received for his offenses. It can be described as a “righteous desert”. Peace – It is primarily defined by its absence, but in its simplest form it is an environment where no violence or tension exists, where people are able to reach their potential without anything limiting their freedom. Contrast between restorative justice and punishment There are two or more parties involved, namely the offender and the victims who may be individuals, a community or even a state. The only difference between the two types of justice as it relates to victims is that restorative justice focuses on violations and crimes against individuals/groups and the community. As for punitive/retributive justice, it covers crimes committed against the State. Second, as Braithwaite stated, John. (1999), they both focus on punishing the offender or agreeing to it and recognizing that what they did is wrong, but they take different actions, while retributive justice advocates that those who do not follow the rules or who have committed crimes should suffer sanctions for their mistakes without any consideration for the victims as to their satisfaction with the measures taken. Moreover, once they are found guilty, it does not matter whether they plead guilty or not, but must suffer equally for the harm they have suffered. provoked. While for restorative justice, it aims to heal the victim's wounds,victims taking an active role in directing the exchange as well as defining the responsibilities and obligations of the offenders. As Braithwaite argues, John. (1989) Offenders are encouraged to understand the harm they may have caused to victims and to take responsibility for it. What does the Bible recommend? From my perspective, the restorative type of justice has the most weight in relation to the teachings of Scripture/the Bible. . The Bible advocates punishing wrongdoers while at the same time, from the stories told, wrongdoers/offenders were punished for their evil deeds, but what is important is that they recognize the wrong, seek forgiveness and are ultimately reintegrated into society as God is. against disunity. Punishment has been witnessed from the very first book of the Bible. In Genesis, Adam and Eve were punished for disobeying God when they ate the forbidden fruit. Genesis 3- (8:23 The New King James Version)) Then the man and his wife heard the voice of the Lord God as he walked in the garden in the cool of the day, and they hid themselves from the Lord God among the trees in the garden. But the Lord God called to the man, “Where are you? » He replied: “I heard you in the garden and I was afraid because I was naked; so I hid. And he said: “Who told you that you were naked? Have you eaten from the tree that I commanded you not to eat from? The man said, “The woman you put here with me gave me some fruit from the tree and I ate it. » Then the Lord God said to the woman: “What have you done? » The woman said: “The snake deceived me and I ate it. » Then the Lord God said to the serpent: “Because you have done this, you are cursed above all cattle and all wild animals! You will crawl on your belly and eat dust all the days of your life. And I will put enmity between you and the woman, and between your descendants and hers; he will crush your head and you will strike his heel. » He said to the woman: “I will make your birth pains very intense; it is through hard work that you will bear children. You will desire your husband, and he will rule over you. He said to Adam, “Because you listened to your wife and ate of the fruit of the tree about which I commanded you, ‘You must not eat of it,’ “Cursed is the ground because of You ; through hard work you will eat food from it all the days of your life. It will produce thorns and thistles for you, and you will eat the plants of the field. In the sweat of your brow you will eat your food until you return to the earth, for you are dust and to dust you will return. Adam named his wife Eve, because she would become the mother of all living. The Lord God made garments of skin for Adam and his wife and clothed them. And the Lord God said: “This man has now become like one of us, knowing good and evil. He must not be allowed to reach out and take also from the tree of life to eat and live forever. Then the Lord God banished him from the garden of Eden to work the land from which he had been taken. From this great example and the very first form of punishment, it is clear that the Bible/Scriptures are against retributive justice. God gave them the opportunity to confess and acknowledge the evil that Adam and Eve had committed. It is also interesting to note that there was a sort of negotiation between the two parties, whereas when it comes to retributive justice, the crime, as I said earlier, must be transgressed against a state . Additionally, I cannot deny recognizing that there are instances where retributive justice A type of retributive justice was employed and implied in some teachings as well. Examples include "(Galatians 6:7, thenew King James Version)). It is a divine law that "whatsoever a man soweth, that shall he also reap. Another example is the breastplate of Isaiah (59:17-1) and the helmet of salvation upon his head; and he put on the garments of vengeance and wrapped himself in zeal as in a cloak. 18 According to their deeds he will repay: wrath to his adversaries, recompense to his enemies; When justice is related to retribution and punishment, it is about the simple desire of offenders to get what they deserve. This is seen in the famous quote "an eye for an eye" from the Bible, which prescribes exactly. what punishment should be meted out for every sin We see this in Exodus (21:23-25, The New King James Version) It says, “But if there be a grievous injury, thou shalt take life for life. , 24 an eye for an eye, a tooth for a tooth, a hand for a hand, a foot for a foot, 25 burn for burn, wound for wound, bruise for bruise.” . This “law of retaliation establishes the principle according to which the offender must suffer the same harm that he could have caused to the victim”. The objective is to guarantee the balance of justice; in other words, only an eye for an eye, not two eyes for an eye. This creates a separation between the balance of justice rather than vengeance where fairness is thus in the service of one. Many restorative justice practitioners reject this aspect of biblical justice because they view punishment/retribution as something that goes against the project of justice, as they claim that offenders should be reintegrated into society. Braithwaite, John. (2002) argues that although restorative justice is in many ways rooted in the biblical concept of justice, this important aspect is sometimes overlooked. Our actions have consequences and we must be prepared to bear them. Our modern (or postmodern) sensibilities make it difficult for us to accept the idea of punishment and retribution, but it is an important concept in the Bible. It is also important to note that in most biblical passages where God's actions are in the name of retributive justice, "God takes up the cause of the one who suffered and rebalances the moral universe." There is evil in the world and it must be faced. This is what justifies this type of justice. Natures of the Kenyan Justice System There is no doubt that Kenya's modern and present type of restorative justice is practiced and respected. Umbreit et.al (2003) emphasize that restorative justice is a concept based on values that emphasize the importance of providing opportunities for more active participation in the process of offering support and assistance to victims criminal acts, holding offenders directly accountable to individuals and communities. they violated, restore victims' emotional and material losses, provide a range of opportunities for dialogue and problem solving between interested victims of crime, provide offenders with opportunities for skill development and reintegration into a life productive community and enhance public safety through community building. The criminal justice system in Kenya views punishment as the primary means of dealing with an offense. Punishment most often involves incarceration. This means that the offender is incarcerated, which isolates him from the outside world. The majority of incarcerated offenders will eventually be released and must reintegrate into the community. Reintegration becomes important to facilitate the offender's reintegration into the community. From legal systems where an individual is innocent until proven guilty, in the legal process they are allowed to reconcile or.

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