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Theroies of Justice

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Read Comparative Criminology on pp. 278-79 (attached).

Answer the following questions:

1-How would a conservative reply to a call for more restorative justice? How would a restorative justice advocate respond to a conservative call for more prisons?
2-Consider recent changes in American culture, how would a power-control theorist explain recent drops in the U.S. crime rate?
3-Is conflict inevitable in all cultures? If not, what can be done to reduce the level of conflict in our own society?
4-If Marx were alive today, what would he think about the prosperity enjoyed by the working class in industrial societies? Might he alter his vision of the capitalist system?

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Solution Summary

Based on the attached information, this solution discusses two perspectives restorative and conservative justices. From a power-control perspective, it explains the recent drops in the U.S. crime rate ; whether or not conflict is inevitable in society and; how Marx would explain the prosperity of the working class and, if were alive, would he change or alter his theory.

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Hi,

Interesting questions! Let's take a closer look.

RESPONSE:

1-How would a conservative reply to a call for more restorative justice?

Conservative often adhere to the principles of retributive justice, a theory of justice that proportionate punishment is a morally acceptable response to crime, regardless of whether the punishment causes any tangible 'social' benefits. It is about punishing the offender for wrong doing e.g., an eye for an eye, etc.

The conservative would argue that proportionate punishment requires that the level of punishment be scaled relative to the severity of the offending behavior. However, this does not mean that the punishment has to be equivalent to the crime. Based on a retributive system of thinking, the conservative would argue that the offender must be punished more harshly for severe crime than for minor crime, but conservatives differ about how harsh or soft the system should be overall.

Conversely, they would argue that restorative justice principle miss the mark, and would result in more crime and continued criminal activity by the offender. In other words, offenders need to be punished for their crime, as opposed to restoring the losses suffered by victims. They would argue that making the offender accountability by making amends to the victims would not result in a more 'peaceful community' as the theory predicts. Prisons are for offenders who commit heinous crimes by people who need to be locked up for the safety and peace of the community.

However, it seems reasonable to expect that using restorative justice with nonviolent offenders free up resources for the relatively few dangerous people in the criminal population. I still think we need prison for the serious violent ...

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