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Advantages and disadvantages of restorative justice
Impacts on victims of crime essay
Advantages and disadvantages of restorative justice
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In an instant a life can be turned upside down. This happened to a women name Mildred. Mildred house was broken into and police were able to catch the offenders name David and Ed. For their crimes David and Ed need to make restitution to Mildred and to Mildred’s community. There were many effects that David and Ed caused by breaking into the house, and not just on Mildred. David was quick to admit to his responsibility and he decided to participate in the restorative justice process. Ed however refused to admit guilt for his actions and entered in the criminal justice process. These two processes have many differences. Because of these differences David and Ed will have different restitution. There are a lot of benefits to the restorative justice process. Because David chose to go through the restorative justice process it had many benefits for David, Mildred, and the community. The restorative justice process was away for David to admit he was guilty and take responsibility for his actions. A person can only do the restorative justice process if he or she takes responsibility for their actions. This process is done through peaceful mediation peacemaking, group conference or a sentencing circle. …show more content…
In the restorative process the defense lawyers tells the court the wishes of his or her client. An Investigating magistrate will then do a report about the burglary and issue the report out. This report will have the recommendation amount for restitution he or she thinks the offender should get for his crimes. The victim then has to agree to the judge’s recommendation. If this is done the restorative justice process is complete. An alternative is to have a sentencing circle at mentioned above to figure out what restitution should be. This process is a lot faster to get through the criminal justice
Lorraine Stutzman Amstutz states how schools that claim they are following restorative approaches through their policies in discipline are not necessarily restorative, but have enough flexibility to allow a restorative response.
Restorative justice system could be in the form of circle sentencing. In this system, all of the parties involved are present which includes: a judge, prosecuting council, defense council, police officer and community resident facing each other in a circle. Though the offender will still be punished, this serve as some form of rehabilitation and reconciliation between the offender and the
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.
Question 1. Both Thomas Mathiesen and Stanley Cohen argue that alternative criminal justice responses that were presented after the 1970s were not real alternatives (Tabibi, 2015a). The ‘alternatives’ which are being questioned are community justice alternatives generally, and Restorative Justice specifically. The argument here is that Restorative Justice cannot be a real alternative because it is itself finished and is based on the premises of the old system (Mathiesen, 1974). Moreover, Restorative Justice is not an alternative, as it has not solved the issues surrounding the penal system (Tabibi, 2015a). Cohen (1985) supports this sentiment, and suggests that community based punishment alternatives have actually led to a widening and expansion
“Restorative justice is a process whereby parties with a stake in a specific offence collectively resolve how to deal with the aftermath of the offence and its implications for the future” (Munchie, 2004).
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.
Similarly to rehabilitation, restoration looks to better society, however, this approach to justice emphasises the needs of the victim. In cases of minor crimes such as vandalism or petty theft, restoration is preferable to rehabilitation. This is because those who commit these minor crimes often don’t have the need for rehabilitation as mental health isn’t a large concern. In these small cases, it is also not burdensome to compensate for the losses of the victim, making restoration the ideal
According to www.merriam-webster.com restorative is having the ability to make a person feel strong or healthy again and justice is the process or results of using laws to fairly judge and punish crimes and criminals. When you link the two words together you get an alternate sanction to traditional punishment methods. This alternate method has been proven to work all around the world in countries like Africa, Asia, and Europe, just to name a few. And was established over 20years ago. When most people think of restorative or restitution they make think of money. The restorative program is so much bigger than just money. This program is intended to help the victim and the offender in the long run. Before I reviewed this lesson I also thought
The concept of restorative justice became a game-changer in juvenile justice system. Through the course of time, professionals explored every possible methods and approaches that could positively affect the children without the expense of harming their future and wellbeing. The idea of restorative justice is “administer justice that focuses or repairing the harm done to the victim and the community. (Save the Children-UK, 2005)” The four guiding principles are to: (1) Repair and restore the balance within the community. (2) restitution for the victim. (3) Ensure that the offender understand and take responsibility. (4) Help the offender to change and improve. In South Africa, this is practiced in their community throughout
64). Retributive justice is based on a philosophy of “an eye for an eye.” Retributive shows disapproval of criminal violation, validate existing laws and make criminals pay for their criminal
Restorative justice is an alternative community based program for juvenile offenders. Instead of sending juvenile offenders to jail or punishing them, they are taught
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
Agreeing on a definition of restorative justice has proved difficult. One definition is a theory of justice that focuses mostly on repairing the harm caused by criminal behaviour. The reparation is done through a cooperative process that includes all the stakeholders. Restorative justice can also be explained as an approach of justice that aims to satisfy the needs of the victims and offenders, as well as the entire community. The most broadly accepted definition for restorative justice, however, is a process whereby all the parties that have a stake in a specific offence collectively resolve on how to deal with the aftermath. This process is largely focused around reparation, reintegration and participation of victims. That is to say, it is a victim-centred approach to criminal justice, and it perceives crime differently than the adversarial system of justice.
As shown by history, victims have not been given proper attention by the Criminal Justice System. The first significant reform in the Criminal Justice System in Australia was the one which had occurred in 1967. A British magistrate and social reformer, Margaret Fry, directed attention to victims and the failure of the state to come up with a plan to compensate them in her book, Arms of the law 1951. Margaret Fry refined her thesis in the late 1950’s, insisting state compensation to be given to victims in order to provide them with satisfactory restitution. A debate which later followed let to the enactment of compensation for criminal injuries, legislation was enacted by New South Wales in 1967. This is one of the reforms which shows that victims are catalysts for far-reaching reforms. Compensation which provides victims of crimes with satisfactory restitution is what Restorative Justice is about. Restorative Justice generally involves bringing victims and offenders together aiming to engage in a conversation about the crime that has occurred and the effects it has had on the victim. The main aim of this is to repair the harm which resulted from the crime. The offenders accountability is emphasised along side with the important of restoring the balance through harm being
“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