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By WKamps
On July 19, 2017

Lesson Plan: The American Justice System: Restorative or Retributive?

Sen. Lindsey Graham on the Charleson, SC Shooting Victims

Clip of Senator Graham describing the statements of forgiveness that the victims' families gave to the shooter.

Description

For many Americans, there is a simple equation when it comes to justice: "you commit the crime, you do the time." However, the conversation has shifted in recent years over whether punishment is the best approach for American prisoners, or if there should be some level of rehabilitation; resting somewhat on underlying opinions about forgiveness and compassion. In this lesson, students will examine the benefits and drawbacks to a restorative justice approach, and evaluate it against the backdrop of retributive justice. Students will also explore their own worldviews on the issue, and the blurred lines between personal opinion and public policy.

Procedures

  • Step 1:

    Provide the backstory for the 2015 Emanuel African Methodist Episcopal Church shooting that claimed the lives of 9 individuals. Explain the context and then show the following clip from the Senate floor:

    Video Clip: Senator Lindsey Graham's remarks on the SC Shooting (1:38)

    Discussion Questions/Writing Prompts:

    • How would you react in this situation? Would you be able to extend forgiveness in a situation like this?

    • Does forgiveness mean that the severity of the consequences for one’s actions should be lessened or even completely absolved? Explain.

    • The convicted murderer, Dylann Roof, has never shown remorse for this event. Does this matter when it comes to offering forgiveness?

    • Does an individual’s claim to show forgiveness lose meaning if the justice system around them still inflicts a retributive consequence (i.e. Roof is currently on death row)? Should the personal opinions of the victims influence the justice process?
  • Step 2:

    Review and define concepts of restorative justice and retributive justice. Then, break students into groups of 3-4 and walk them through the following clips.

    Between each clip, allow students 5-7 minutes to process their notes and dialogue through each follow-up discussion question located on the handout.

    Handout: Restorative v Retributive Justice (Google Doc)

    Video Clip: Michael McRay on the Purpose of Forgiveness (4:09)

    Video Clip: Nicholas Turner on Problems in the US Justice System (4:58)

    Video Clip: Michael McRay on Humanizing Prisoners (4:49)

  • Step 3:

    Once the class has processed all three clips, allow students time to reflect individually on the following question (also found at the bottom of the handout):

    • What difficulties could the US encounter if the federal prison system adopted more of a restorative approach versus a retributive one? How difficult is it to apply forgiveness in your own life, let alone adopting it as national principle?
  • Extension Activities:

    Have students research and investigate local and state initiatives that incorporate elements of a restorative justice system. What benefits have resulted in those communities? What new difficulties have those initiatives been met with?

    Research and assess legislation or local lobbying efforts that impact this issue. What efforts are being made by those most passionate about the subject? What reform ideas are being voiced, and by whom?

    Compare the US system with those of other nations, especially during times of great tragedy or injustice, such as:

    • South Africa’s TRC response to its Apartheid history

    • Singapore’s severity in regards to crime and punishment

    • Norway’s trial and sentencing of Anders Breivik, who murdered almost 80 people, mostly young adults

Additional Resources

Vocabulary

  • Prison
  • Restorative Justice
  • Retributive Justice

Topics

Civil Rights & Civil LibertiesCriminal Law & Justice

Grades

High SchoolUniversity