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Four theories of restorative justice
Arguments against restorative justice
Victims rights in restorative justice
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Modern victimology is very different from victimology 50 or 60 years ago. Over the last two decades the science of victimology has underwent a fundamental evolution. The 1990s and early 2000s were full of data collecting and theorization, with the creation of new legislature, victim compensation, mediation and many other measures to help a victim to recover from all the negative effects of becoming a victim. Over the last two decades, victimization has emerged on the academic scene, with tons of colleges offering courses in victimology. Even an international review of victimology has come out with thousands of research articles and victims becoming a serious topic in criminal justice. I believe that restorative justice will be the future; …show more content…
Even though it has proven to be a semi effective alternate to prison time and some other form of punishment, it has not helped with victim participation post crime or any other forms of compensation for injury that occurred. Even though we can track satisfaction among victims from mediation, we have to be very careful not to put restorative justice on a pedestal and overstate the benefits. Victim’s problems are not resolved once and for all by the solutions made available to them. The reparation and healing put forward in these approaches must not confine us to of their needs and the intricate processes connected with their recovery. Restorative justice has great potential for everyone involved. However, it is not the magic solution to all evils. It is just an option for some crimes in some incidents and under some conditions. It must not be considered a cheap form of justice or pretend justice. The restorative justice model will gain validity, only if victim’s needs are placed in head and it succeeds in rallying all of the people involved in the justice system, victim support groups in particular. Support groups must be actively involved in all stages of restorative justice programs. The community will never embrace and participate in restorative justice unless it understands its purpose and its …show more content…
Even though there have been many recommendations, there have been no federal amendments to the constitution. During the past decade, new innovative programs and practices have been established and the range of victim issues has notably increased. The future of victim rights requires constant awareness, accountability and enforcement, and specialized training and education for law enforcement. It is through all of these efforts that law enforcement officers earn greater respect from victims and witnesses, and are more effective and efficient in their pursuit of justice. We need more national laws regarding victim compensation and defense that can be a set precedent for all levels of criminal justice throughout the
Compared with the traditional model of retributive justice, restorative justice, and by extension reconciliation, offers a more positive and constructive approach
Young, M. (1999) Restorative community justice in the United States: A new paradigm. International Review of Victimology, 6, p265-277.
Restoration Restorative justice is based on bringing together the victim, the offender, and the community; all have equal parts in repairing the relationships destroyed by
This voluntary alternative gives the offender the opportunity to take responsibility for their actions and identify the impact they have had on their victim, while also giving the victim the chance to confront the offender and take steps to repair the harm done. The victim can ask the offender questions about the crime and the offender may apologise or make amends for their actions. Restorative justice is confrontational and can be difficult for both parties but is proven to help both the offender and victim. While it is confrontational for the victim, for some it can be better than testifying in court. Data shows that restorative justice greatly helps victims in their recovery from the offence. Although the benefits of restorative justice in adult offenders is unclear, it significantly reduces the number of reoffenders in youth. For this reason, restorative justice is mostly used for minor infringements and within the youth justice system.
Instead of focusing on crime prevention, restoration focuses on repairing the harm done to the victim and the community. Along with restoring property and personal injuries, restoration is meant to bring back some kind of security. Legislators and victims want to know that justice has been done. Van Ness and Strong (1997: 8-9) suggested three core principles for the nature of restorative justice. First, Justice requires the healing of victims, offenders, and communities injured by the crime. Also, they should be permitted to stay involved in the justice process in a timely manner. Lastly, the government should be responsible for preserving a just order and the community should be responsible for establishing peace. The victims family in a murder case can have a since of relief when the offender is sentenced to the death penalty. They can know that justice has been done and will have a sense of security knowing the offender cannot harm anyone else again. The family can now mourn over there loss more
As agents of justice and philanthropists of duty one must evaluate the criminal justice system and its approaches to the solution of crime to determine what is good, appropriate, and what will reduce recidivism. As a western society the United States has changed and adapted its judicial system in hopes of conforming to our changing society and the increase in criminal behavior. Through these adaptations emerged a system within criminal justice that changes the focus of rehabilitation of the offender to not only include imprisonment, but to include reconciliation with the victims and the community that the offender harmed. The restorative justice approach takes a look at the crime, the criminal, and the offended; with hopes for healing and justice
In fact, restorative justice system response to wrongdoing that emphasizes healing the wounds of victims, offenders, and communities caused or revealed by crime (Schmalleger & Smykla, 2014, p.62). The main goal here is to establish a form of boundaries when it comes to the level and extent of punishment. Non one here on earth is allowed to just display deviant criminal behavior without some form of discipline and/or punishment. Furthermore, for those whom display criminal behavior disrupts the community as well. In addition deterrence is another key factor in the goals of punishment and the efforts to make it back right. Exploring further along to where restoration of the justice system have and still is occurring in today’s
“Restorative justice is an approach to crime and other wrongdoings that focuses on repairing harm and encouraging responsibility and involvement of the parties impacted by the wrong.” This quote comes from a leading restorative justice scholar named Howard Zehr. The process of restorative justice necessitates a shift in responsibility for addressing crime. In a restorative justice process, the citizens who have been affected by a crime must take an active role in addressing that crime. Although law professionals may have secondary roles in facilitating the restorative justice process, it is the citizens who must take up the majority of the responsibility in healing the pains caused by crime. Restorative justice is a very broad subject and has many other topics inside of it. The main goal of the restorative justice system is to focus on the needs of the victims, the offenders, and the community, and focus
Restorative justice is defined as “using humanistic, no punitive strategies to right wrongs and restore social harmony” (Siegel, 2008, p. 189). Instead of imposing harsh penalties on offenders like long prison sentences or even the death penalty, restorative justice calls for a more rehabilitative approach, such as reconciliation and offender assistance.
Therefore, there is a growing need to progress towards the restorative justice (RJ) system. According to RJ perspective, a crime is considered a conflict between individuals that results in harm to victims, communities, and offenders, and so these parties are also involved in responding to it. One of the prevalent programs of the RJ system is the victim-offender mediation (VOM) program. The VOM program is a process which provides interested victims an opportunity to meet the offender, in a safe and structured setting, with the goal of holding the offender directly accountable for their behaviour while providing assistance and compensation to the victims; mediators do not impose settlements. Over the years, the VOM program has proved to be beneficial to both, the victim and the offender.
This approach has introduced a criminal justice policy agenda. In the past, victims to criminal activities have been outsiders to the criminal conflict. In recent times, many efforts have been made to give the victims a more central role in the criminal justice system. Some of these efforts were introduced a few years back, though even at that time, these efforts were seen as long overdue. Some of these efforts include access to state compensation and forms of practical support. For advocates of restorative justice, crime is perceived primarily as a violation of people and relationships, and the aim is to make amends for all the harm suffered by victims, offenders and communities. The most commonly used forms of restorative justice include direct mediation, indirect mediation, restorative cautioning, sentencing panels or circles and conferencing. In recent...
In conclusion, “Is restorative justice effective?” The answer again, is multifaceted and complex. The implementation of restorative justice on a large-scale is not likely (Cullen & Jonson, 2017). Additionally, restorative justice does not address those offenders who are sent to prison. Lastly, the fact that it places faith in non-experts and community corrections impedes is effectiveness in reducing recidivism. Therefore, on the whole, evidence suggests that it is not effective. However, there is a silver lining. Restorative justice has illuminated the problem of a purely “punitive” system of corrections.
When Mary Catherine Parris was told that I would be talking to her about restorative justice, her response was, “Is that a real thing?” (personal communication, September 23, 2015). Through this assignment I realized that restorative justice is not talked about within the criminal justice system. For both of the individuals I spoke with, the idea of restorative justice seemed like a joke. In trying to persuade them both that restorative justice is a real thing, I was met with very similar beliefs and comments from both individuals. They both believed that restorative justice would not work and believed that some aspects of the approach were completely useless (M. C. Parris, & R. Clemones, personal communication, September 23, 2015). The responses
As the purpose of restorative justice is to mend the very relationship between the victim, offender, and society, communities that embrace restorative justice foster an awareness on how the act has harmed others. Braithwaite (1989) notes that by rejecting only the criminal act and not the offender, restorative justice allows for a closer empathetic relationship between the offender, victims, and community. By acknowledging the intrinsic worth of the offender and their ability to contribute back to the community, restorative justice shows how all individuals are capable of being useful despite criminal acts previous. This encourages offenders to safely reintegrate into society, as they are encouraged to rejoin and find rapport with the community through their emotions and
Restorative justice works in a timely manner it brings the victims, family members, and other