Retributive, Rehabilitative, and Restorative Justice Research Paper

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Correctional System:

Three different approaches and philosophies to the problem of crime

The three philosophical cornerstones of the corrections system are retribution, rehabilitation, and restoration. However, while most modern theorists of criminal justice believe that there must be some proportion of these elements in all forms of punishment, not all believe that they must be present to the same degree. This paper will advance the idea that ultimately the concepts of rehabilitation and restoration must be more present within the judicial system today while retribution should be deemphasized.

The concept of retribution in the justice system dates back to the classical theory of crime, which stressed that the punishment for a crime must exceed its likely rewards. "For a rational system of criminal justice to work, punishment must be certain, swift, and proportional. The ultimate goal was to insure that the benefits of crime never outweighed the potential pain from punishments the offender would receive. As rational, calculating human beings, most would avoid crime under such a system" (Greek, "The Classical School"). This concept of punishment as deterrence is still present within the justice system, as seen in advocates of the death penalty, 'three strikes and you are out' legislation, and harsher sentences for offenders.

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The presumption is that people will rationally decide that crime does not pay when faced with such punishments. Unfortunately, criminals do not always act out of rational self-interest when pursuing a life of crime.

Other theorists of crime which emphasize the irrational social and psychological dimensions of crime stress the need for rehabilitating the offender. "Although rehabilitation is often considered a type of punishment for criminal offenders, its objectives are therapeutic rather than punitive…the rehabilitative ideal views criminal behavior more like a disease that should be treated with scientific methods available to cure the offender" (Smith 1). The idea is to make the criminal a productive member of society through therapy and education. The stress in this model is upon how conditions such as poverty and untreated mental illness motivate crime: by addressing these factors, the criminal can be reincorporated back into the social fold.

A third theory of how to address the problem of crime and punishment is that of restorative justice. Of course, justice is always concerned with protecting the public from potential criminals but restorative justice….....

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