Exploring the Balance between Justice and Retribution in Victim’s Rights

Abstract

The balance between justice and retribution in victims' rights remains a critical debate in legal and ethical discourse. This study explores the evolving perspectives on justice for victims, examining the tension between punitive measures and restorative approaches. Historically, justice systems have prioritized retributive justice, often overlooking the needs and voices of victims. However, modern legal frameworks increasingly emphasize victim-centered justice, advocating for restitution, rehabilitation, and participation in legal proceedings. The research highlights key theoretical frameworks, including restorative justice, which seeks to repair harm through reconciliation and dialogue, and retributive justice, which focuses on punishment as a means of deterrence. The study also addresses the challenges victims face, such as systemic barriers, secondary victimization, and limited access to justice. The findings suggest that an integrated approach—balancing retribution with rehabilitation—can create a more inclusive and effective justice system. Future legal reforms should incorporate victim perspectives, ensuring that justice serves both societal order and individual healing. Policymakers must prioritize victim participation, trauma-informed legal responses, and broader social support mechanisms to achieve meaningful justice. Further research should explore cross-cultural variations in victim rights and the effectiveness of alternative justice models.

 Keywords: Victims' rights, justice, retribution, restorative justice, legal frameworks, victim participation, trauma-informed justice