Retributive Justice Model

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The retributive model and the utilitarian model of justice are similar in many ways. Both models require the criminal justice system to adhere to the written laws in place when responding to an offense, in addition to pandering to the unspoken rules of society as well. When the distributive justice theory is applied, however, the difference between these two models of justice becomes clearer. The utilitarian model is considered forward-looking in nature, whereas the retributive model is considered backward-looking (Weiler, 1978). The utilitarian model focuses on reaching the maximum threshold of positive outcomes that may occur due to the way in which justice is administered in any given situation. Positive outcomes are derived from the specific punishment an offender receives that may help contribute to the good of society in the future by preventing other crimes from being committed by that individual.

Compared to the retributive application method, procedural justice would function similarly from a utilitarian’s point of view. Once again, there would be focus on the court trial process that incorporated the facts and context of Torres’s actions. Due process rights would be granted to the defendant, a fair trial would be conducted by the court, and victims would, once again, serve as a means for the criminal justice system to reach a final decision.

Distributive …show more content…
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