Retributive Justice is what we have now. Restorative Justice is what we could have. You can look at the differences in this brochure that is from Changing Lenses by Howard Zehr. Copyright © 1990, 1995, 2005 by Herald Press, Scottdale, PA 15683. All rights reserved. Used by permission. Family Nonviolence, Inc.:(508) 996-1100; and Friends Outreach, New Bedford Friends Meeting: (617) 501-6258.
Retributive Justice |
Restorative Justice |
blame-fixing central | problem-solving central |
focus on the past | focus on the future |
needs are secondary | needs are primary |
battle model: adversarial |
dialogue normative |
emphasizes differences | searches for commonalities |
imposition of pain considered normative | restoration and reparation considered normative |
one social injury added to another | emphasis on repair of social injustices |
harm by offender balanced by harm to offender | harm by offender balance by making right |
focus on offender; victim ignored | victims' needs central |
state and offender are key elements | victim and offender are key elements |
victims lack information | information provided by victims |
restitution rare | restitution normal |
victims' "truth" secondary | victims given chance to "tell the truth" |
victims' suffering ignored | victims' suffering lamented and acknowledged |
action from state to offender; offender passive | offender given role in solution |
state monopoly on response to wrong-doing | victim/offender/community roles recognized |
offender has no responsibility for resolution | offender has responsibility in resolution |
outcomes encourage offender irresponsibility | responsible behavior encouraged |
offender denounced | harmful act denounced |
offender's ties to community weakened | offender's integration into community increased |
offender seen in fragments, offense being central | offender viewed holistically |
sense of balance through retribution | sense of balance through restitution |
balance righted by lowering offender | balance righted by raising both victim and offender |
justice as right rules | justice as right relationships |
victim-offender relationships ignored | victim-offender relationships central |
process alienates | process aims at reconciliation |
response based on offender's past behavior | response based on consequences of offender's behavior |
repentance and forgiveness discouraged | repentance and forgiveness encouraged |
proxy professionals are the key actors | victim and offender central; professional help available |
competitive, individualistic values encouraged | mutuality and cooperation encouraged |
ignores social, economic and moral context of behavior |
total context relevant |
assumes win-lose outcomes | makes possible win-win outcomes |