Justice (concept) §
- Current goal for Westernized Law:
- To achieve justice for all parties involved, in process & result.
- How is Justice obtained?
- Ensuring the result is consistent wit the values and beliefs of the society relative to time, place, location, etc.
- Maintaining a balance between equality and equity.
- Getting the “scales of justice and injustice” to balance equally, by providing equity to those that need.
Restorative Justice §
- Restorative Justice is a type of justice that is for healing between the victim and the offender.
- e.g. Truth & Reconciliation Day.
- Support groups & family group conferences
- Black Lives Matter movement
- This type of justice is to give the victim validation and support.
Retributive Justice §
- Retributive Justice is a type of justice that punishes the offenders for the crime they did. The severity of the punishment is based on the severity of the offensive action.
- This type of justice gives the victim compensation and a sense of safety or justice.
- An example of retributive justice is the death penalty (capital punishment).
Restitutive Justice §
- Restitutive justice is a type of justice that restores something that was lost back to the victim, while the offender is held for their crimes.
- Example: Paying someone to put in 25-year shingles on your house, but upon inspection they put in 20-year shingles, taking the installer to court, and the installer is given a court order where they are mandated to install the 25-year shingles.
- A shoplifter being ordered to pay back the store owner.
- This type of justice provides compensation to the victim.
Distributive Justice §
- Refers to the perceived fairness of an allocation or how people judge what they receive.
- This can ensure a more equal quality of life
- Example: Public programs that provide social security or medical care to all people, including children, the elderly, and retired people.
Procedural Justice §
- Procedural justice is a type of justice that focuses on the legal authorities’ interaction with the public and making sure there is fairness in procedures and processes.
- This justice allows individuals to have a say in the decision making process.
- Example: Getting arrested, and upon being arrested, the officer does not follow the proper procedures, thus violating Section 24 of the Charter. Depending on what they did to violate your rights, the charges can either be dismissed, or there can be a retrial without the evidence that was unfairly obtained.
- Real World Example: Parker’s father was fired after reporting his boss to an office authority because he was smoking in the office, in front of a new employee who had asked them to stop because they are allergic to the smoke. He was fired the next day, ended up suing, and won.
- Reformative Justice is a type of justice that involves finding out the root cause of the behavior of the offender, while still giving the victim justice.
- This type of justice is important because it repairs the harm individuals face, and an assist the criminal to enter back into society.
- Examples:
- Drug rehabilitation programs
- Mental health institutions