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16 Seattle J. Soc. Just. 71 (2017-2018)
Restorative Justice and Retributive Justice: An Opportunity for Cooperation or an Occasion for Conflict in the Search for Justice

handle is hein.journals/sjsj16 and id is 83 raw text is: 
71


      Restorative Justice and Retributive Justice: An

    Opportunity for Cooperation or an Occasion for

                          Conflict in the Search for Justice



                                               Donald   H.J. Hermann

I. INTRODUCTION

  For over a quarter of a century criminal punishment has emphasized the
retributive as the principal justification with an emphasis on the degree of
deprivation as a  significant measure of the appropriate sanction.' This
approach has resulted in extended sentences for many offenders, as well as
an increase in the population of incarcerated individuals.
  An   integration of the current system2 -of retributive justice, with a
recently developed approach of restorative justice, offers promise to reduce
the harshness of  contemporary  sentencing. Critics to such an approach
argue  that there is a conflict between  the reconciliation objective of
restorative justice and   the  condemnatory    objective  of  retributive
punishment. This article recognizes that these are two processes for dealing
with crime and that each have distinctive features; however, it is argued that
there is a firm basis for finding a complimentary in the operation of these
two  processes, which  ultimately have the same  goal of justice for the
offender, victim, and community.


Eleanor Hannon Judah & Michael Bryant, Rethinking Criminal Justice:
Retribution vs. Restoration, in CRIMINAL JUSTICE: RETRIBUTION VS.
RESTORATION 1, 1 (2004) (Our present criminal justice philosophy is based on
the concept of retribution, that is 'something given or demanded in repayment,
especially punishment.')
2 Id. at 2 (The criminal justice system is clearly in crisis. Currently, two million people
in the United States are imprisoned.)

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