Retributive and restorative justice: Comparative analysis through case studies in Valle del Cauca Justicia retributiva y restaurativa: Análisis comparado a través de estudios de caso en el Valle del Cauca

Abstract

The objective of this research was to explore and compare the experiences of people who have processes within the retributive justice framework (three cases) and the restorative justice framework (three cases). Case studies were conducted through semi-structured interviews and inquiries were made about the understandings of justice, responsibility, punishment and reconstruction of ties in each of the models. One of the findings that stands out the most is the fact that, in both justice frameworks, the penalty (imposed to compensate for the damage caused) is perceived and lived as a punishment, in particular, in the retributive justice framework the person is dealing with his/her process while isolated in jail, which generates social ruptures and, thus, highlights the fact that this institution does not fulfill its re-socializing purpose. As for the people who are dealing with their process within the restorative framework, they refer to a sanction that implies an immersion inside different social scenarios that contribute to repair for the damage caused, which has consequences on the development of social ties. In conclusion, although both models/frameworks of justice suppose forms of punishment for the fault committed, restorative justice addresses and fosters the responsibility of the perpetrator towards society, provides a place and direct reparation to the victim, while working on the reconstruction of the social ties. Therefore, its implementation must be thought beyond the abandonment of weapons.