Restorative Punishment Analysis

Decent Essays
Wally K. Daly sees punishment as “anything unpleasant, a burden, or an imposition of some sort for the offender (1996 ) Under Daly’s measures restitutive measures, compensation, attending counseling programs, paying a fine or having to report to a probation officer on a regular basis are all forms of punishment” ( Lokanan,2009,293). Once you become an offender most of your freedom is limited and restricted. So, when you make an effort to do better it can also feel as if you’re still in punishment due to all the rules and regulations that have to be meet even when leaving jail to come back into the outside world in probation. However, under restorative justice you’re not being continually punished, it is controlled to limit the pain in order…show more content…
In the restorative process punishment is being looked at as instrumental, “as it is not imposed as it is not imposed with the offender’s negative moral status in mind, but rather the desirable consequences it is believed or hoped the disposition will have on the offender. Punishment is not intentional; it is a side-effect of the reparation process” (293). Punitive punishment in this way as Braithwaite sees it cannot be a part of the restorative justice process due to its attempt to reduce crime and attempt to change the behavioral inside of shaming the individual person. However, Charles Barton in the book “Restorative Justice: an empowerment model” examines how punitive and restorative elements work together to create a form of punishment. Barton says “It is a mistake to think that punitive elements of agreement automatically undermine or weaken restorative potential. Quite the contrary. Some appropriate level and form of punitiveness will enhance the effectiveness of the restorative justice response and will often have to form some type of agreements to be acceptable to relevant parities” (2003, 22). Barton is looking at how it is fundamentally right to punish the offenders and make them take accountability for their actions. Being through jail time or having an encounter with the stakeholders as restorative justice allows. The restorative elements come in where emotion is
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