IndexIntroductionDefinitionsCompare and contrast between restorative and punitive justiceWhat does the Bible support?The nature of Kenya's justice systemConclusionIntroductionIn this article I will mainly focus on restorative and punitive justice by comparing and contrasting them, which of them is supported by the Bible, the nature of Kenya's justice system, as well as providing examples from the scriptures/bible and which of the two I believe is suitable to ensure a peaceful society/community in Kenya. In order to make this document as simplified as possible, I will start by defining keywords that will be used and associated repeatedly or terms that relate/coexist. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essay DefinitionsJustice: Justice comes from the word "just." Justice is actions that conform to the requirements of certain laws. Therefore, it involves actions such as being just, fair and just. Conflict: Talking about justice implies that injustice exists and injustice alludes to conflict, so essentially justice is crucial to conflict, conflict resolution and reconciliation. A conflict is the result of a disagreement between two or more parties who have incompatible goals. Restorative justice: Just as the word suggests, it implies restoration, this is where criminals or offenders found guilty are taken through a process where they are rehabilitated, for example in prisons or correctional centres, and later reconciled with the victims and with the community/society in general. In my other course we called it VOMP, victim-offender mediation program or commonly referred to as VOMP by Umbreit et al (1994). Punitive justice - Punitive justice is similar to retributive justice which suggests that an offender should be punished fairly with respect to the crime inflicted or caused because the offender deserves punishment in order to prevent future crimes or to deter him from committing similar crimes when he reflects on the reciprocity received for his crimes. It can best be described as "Just Desert". Peace: It is defined primarily by its absence, but in its simplest form it is an environment where violence and tension do not exist, people are able to reach their potential without anything limiting their freedom. Compare and Contrast Between Restorative Justice and Punitive Justice As I said before that punitive justice is the same thing as retributive justice, from now on I will use the terms interchangeably to have a complete thought in my statements that can be easily understood. Firstly, both restorative and punitive justice recognize that there are two or more parties involved, i.e. the offender and the victims who could be individuals, a community or even a state. The only difference between the two types of justice in terms of victims is that restorative justice focuses on violations and crimes against individuals/groups and communities. Regarding punitive/retributive justice, it conceives crimes committed against the State. Secondly, as stated by Braithwaite, John. (1999) both focus on punishing the offender or forcing them to come to terms and recognize that what they have done is wrong, only that they take different measures where, for punitive justice, those who do not respect the rules or have committed crimes should suffer sanctions for their mistakes without considering whether the victims are satisfied with the measures taken. Furthermore, once they are proven guilty, it doesn't matter whether they accept the plea or not, but they have to sufferfairly for the damage they suffered. caused. While restorative justice is about healing the victim's wounds, victims take an active role in directing the exchange and defining the responsibilities and obligations of the offenders. As argued byBraithwaite, John. (1989) Offenders are encouraged to understand the harm they may have caused to victims and to take responsibility for it. What does the Bible say? From my perspective the type of restorative justice is what holds more weight than the teachings of the Scriptures/Bible. The Bible advocates punishment of wrongdoers, where at the same time, from the stories given, wrongdoers/transgressors were punished for their wrong doings, but what is important is that they acknowledge the wrong, seek forgiveness, and are eventually reintegrated into society as God is. against disunity in. Punishment has been witnessed since the first book of the Bible. In Genesis, Adam and Eve were punished for disobeying God when they ate the forbidden fruit. Genesis 3- (8:23 The New King James Version)) Then the man and his wife heard the voice of the Lord God as he walked in the garden in the cool of the day, and they hid themselves from the Lord God among the trees of the garden. But the Lord God called to the man, “Where are you?” He replied: «I heard you in the garden and I was afraid because I was naked; so I hid. And he: “Who told you you were naked? Have you eaten from the tree that I commanded you not to eat from?” The man said, “The woman whom you put here with me gave me fruit from the tree, and I ate it.” Then the Lord God said to the woman: "What have you done?". The woman said, “The serpent deceived me, and I ate.” Then the Lord God said to the serpent: “Because you have done this, cursed are you, more than all livestock and wild animals! You will crawl on your belly and eat dust all the days of your life. And I will put enmity between you and the woman, and between your offspring and hers; he will crush your head, and you will cut his heel." To the woman he said: «I will make your pain during pregnancy very serious; with painful labor you will give birth to children. Your desire will be towards your husband and he will dominate you." To Adam he said: “Because you have listened to your wife and have eaten of the fruit of the tree concerning which I commanded you, 'You must not eat of it,' “Cursed is the ground because of you; with difficulty you will eat its food all the days of your life. It will produce thorns and thistles for you, and you will eat the grass of the field. By the sweat of your brow you will eat your food until you return to the earth, for dust you are and to dust you will return." Adam named his wife Eve, because she would become the mother of all living. The Lord God made coats of skin for Adam and his wife and clothed them. And the Lord God said: “Now the man has become like one of us, knowing good and evil. He must not be permitted to put forth his hand and take also from the tree of life, and eat, and live forever.” Then the Lord God drove him out of the Garden of Eden to work the land from which he had been taken. From this great example and the very first form of punishment it is clear that the Bible/Scripture is against retributive justice. God gave them the opportunity to confess and acknowledge the wrong that Adam and Eve had done. Also interesting is the fact that there was a sort of negotiation between the two parties while as regards punitive justice the crime, as I stated before, must be committed against a State. Furthermore, I cannot deny recognizing that there are cases where retributive justice The retributive justice type was employed and implied in some teachings as well. Examples include “ (Galatians 6:7 The New King James Version)).It is a divine law that “whatsoever a man soweth, that shall he also reap.”Another example is Isaiah's breastplate (59:17–1, New King James Version) and a helmet of salvation on His head; And he dressed himself in robes of vengeance and wrapped himself in zeal like a cloak. 18 According to their deeds, so will he repay: wrath to his adversaries, reward to his enemies; To the coasts He will give a reward. Justice as Retribution/Punishment: When justice is linked to retribution and punishment, it is the simple desire of criminals to get what they deserve. This is seen in the famous “eye for an eye” quote made in the Bible, which prescribes exactly what punishment must be given for each sin. We see this in Exodus (21:23–25 New King James Version). Which says: "But if there is a serious wound, you will take life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, bruise for bruise". This “law of retaliation establishes the principle that the perpetrator must suffer the same harm that he or she may have caused the victim.” The objective is to ensure balance in justice; in other words, only an eye for an eye, not two eyes for an eye. This creates a separation between the balance of justice rather than that of revenge, where fairness is so unique. Many restorative justice practitioners reject this aspect of biblical justice because they see punishment/retribution as something that is contrary to the project of justice as they argue that offenders should be rehabilitated into society. Braithwaite, John. (2002) argues that although restorative justice is in many ways grounded in the biblical concept of justice, this important aspect is sometimes ignored. Our actions have consequences and we must be ready to bear them. Our modern (or postmodern) sensibilities make it difficult for us to accept the idea of ​​punishment and retribution, but it is an important concept in the Bible. It is also important to note that in most biblical passages where God's actions are in favor of retributive justice, "God takes up the cause of the one who has suffered and rebalances the moral universe." There is evil in the world and it must be addressed. This is the justification for this kind of justice. The nature of Kenya's justice system There is no doubt that Kenya's modern and current brand of restorative justice is practiced and supported. Umbreit et.al (2003) highlights that restorative justice is a concept based on values ​​which emphasize the importance of providing opportunities for more active involvement in the process of offering support and assistance to victims of crime, holding the offenders directly responsible towards people and communities. have violated, restoring victims' emotional and material losses, providing a range of opportunities for dialogue and problem-solving among affected crime victims, offering offenders opportunities for skill development and reintegration into productive community life, and strengthening public safety through community building. The criminal justice system in Kenya imposes punishment as the primary means of dealing with a crime. Punishment is most often implemented through incarceration. This means that the offender is incarcerated, which isolates him from the outside world. Most incarcerated offenders will eventually be released and must return to the community. Reintegration becomes significant to facilitate the offender's reintegration into the community. From judicial systems where an individual is innocent until proven guilty, in the judicial process one is allowed to reconcile or make peace with the victim but this does not waive their punishment. Eventually an offender is taken to penitentiary institutions.