Alternative to Retributive Justice

In 1998, Karla Faye Tucker was the first woman to become executed in
Texas since the time of the Civil War. The case was extraordinary
because of the extreme brutality of Tucker’s crime and the dramatic
religious conversions, which she experienced on her death row. The
rehabilitation that she had led to calls for clemency and mercy
however, this was denied. This assignment seeks to explore alternatives
to retributive justice in this case.
One of the alternatives to retributive justice was corrective justice.
Corrective justice involves restitution to the party injured or
performance of reperations. Besides, community service is also one of
the considerations of corrective justice. In this case, an alternative
to execution could be serving the community (Zernova, 2007). However,
corrective justice could be a less just outcome because it is not
possible to consider restitution to the injured party this is because
human life cannot be gauged or compared to any amount. This alternative
has less merit than retributive justice in the Tucker’s case.
Restorative justice seeks to rehabilitate an offender within the
community so as to make him realize the negativity of his actions to the
community (Zernova, 2007). This could be another alternative to
retributive justice. In the Tucker’s case, this could represent a more
just outcome since Tucker became rehabilitated and proved to become a
new person through religious conversion. This alternative has more
merits than retributive justice in all cases
Another alternative to retributive justice could be transformative
justice. This form of justice applies the practices and principles of
restorative justice past the criminal justice system. This alternative
could have a less just outcome because it could not apply to the case
since it tends to treat an offense as an educational and transformative
opportunity for offenders, victims and other members of the community
(Bukuluki, 2011). This alternative has more merits than retributive
justice in the Tucker’s case.
In addition, another alternative to retributive justice could be
reformative justice. Reformative justice entails re-educating an
offender in order to make him become a useful member in the society
(Bukuluki, 2011). In the case of Tucker, this could present a more just
outcome since Tucker was already showing signs of change implying that
re-educating her could make her a useful member in society. This
alternative has more merits than retributive justice in the Tucker’s
case.
References
Bukuluki, P. (2011). Negotiating retributive and restorative justice in
conflict transformation efforts: A case of northern Uganda. Berlin: Lit.
Zernova, M. (2007). Restorative justice: Ideals and realities.
Aldershot, Hants, England: Ashgate.
ALTERNATIVE TO RETRIBUTIVE JUSTICE PAGE * MERGEFORMAT 2
ALTERNATIVE TO RETRIBUTIVE JUSTICE

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