Restorative Vs Retributive Justice Essay

The figure of Lady Justice is a fixture in courtrooms around the U.S. She is blindfolded, representing justice as impartial and holding a scale, giving weight only to the evidence in a trial, not to the stature of the accused. On her right hand she carries a sword, signifying the power of those who make decisions. While Lady Justice symbolizes impartiality and strength in the American justice system, two important traits the courts should possess, justice itself is served in the courts in two main ways: restoratively or retributively. As justice is being served, defendants should not be given sentences that impede on their fundamental rights nor should defendants receive sentences that are disproportional to their crime. This idea of "equal
Restoration, either in monetary damages or some action that needs to be done by the guilty defendant, often tries to compensate the victims through victim-offender mediation (O'Connor 1). While restorative justice may be more helpful to the victim and tries to right the wrong, it is clear that America is a country that uses retributive justice. America currently has the highest incarceration rates in the world, with over two million humans behind bars. (O'Connor 1). Looking at American justice through the idea of retribution, the courts must decide what punishment the guilty should receive in relation to their crime. The punishment that most criminals receive is jail time. Murderers and the most offensive crimes have the chance of being charged with capital sentences, the most permanent form of retributive
That way, life sentences would not only be harder for criminals, but they can pay for their stay so that their punishment, down to how they serve their crime, is a burden on themselves and not on society. This also fulfills "equal justice for all" since all murders and felons guilty of crimes worthy of capital sentences can serve these