Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Restorative justice
Criminal Justice vs. Community Justice
Crime is defined as an act or omission that the law makes punishable. There are different ways in dealing with crime. One, our current system, is the criminal justice approach. Also known as retributive justice, this system is more offender directed than anything else. The other system, which many people think is better, is the community justice, or restorative approach. The restorative approach is much more victim oriented. There is a debate over which system should be used to deal with crime. The two differ in many ways.
One of the areas in which the two differ is the question of whom is the crime a violation of? The criminal justice system believes that crimes are a violation against the state and are punished by the state. On the other hand, the community justice system says that crimes are a violation of the offender, and the community directly affected by it. The focus of criminal justice is retribution. It is focused on the offender and punishing that person for their crime by imprisonment and other punishments. The community justice system is focused on restoration. Community Justice looks to help the victim deal with the violation and try to get back whatever, if any, possessions were lost in the crime.
The proceedings, in which a resolution is made, are entirely different between the two. At a criminal justice proceeding, the case is tried by a state prosecutor, in front of a judge and decided by a jury. Other than testifying and possibly a victim impact statement, the victim does not have much say in the case. But in a community justice proceeding it is quite the opposite. All parties involved (which include the offender, the victim, both families, any other p...
... middle of paper ...
... community. Church support groups help offenders who are trying to change there life patterns. One of the major advantages of these programs is that offenders leave the corrections system with greater skills than when they entered into it. As, for being more victim oriented, victims have the chance to shape the obligations the offender has to repair the harm. Also, with the many programs for the victim, including the mediation and government support for victims, they do not feel left out of what goes on after the crime.
An argument could last forever on which system is better and why. A better way to look at dealing with crime is to look at it not as this system versus that one , but how can we join the two for a better system. Each has attributes that are necessary , and combining them together would be a good start on the question of how to deal with crime.
According to Duffee, “criminal justice is a term used to denote the distribution of penal sanctions and the administration of agencies involved in law enforcement, prosecution, and punishment.” In 1976, a man by the name of Guenther stated that he believed that the criminal justice system was “unfair, harsh, and biased,” and he argued that the system was a criminal processing system rather than a justice system.
The news reports crime daily. Crime is something that we cannot run from in today’s society; so we depend highly upon the justice system. Criminal Justice is a major concern. Criminal Justice consists of three areas: our police, courts and corrections department. The Criminal Justice system was put in place by these agencies, and established by the governments to help control the crimes and applies penalties to those that violate the law. Many people feel that the criminal justice system is there to protect and serve while others feel that the criminal justice system fails them daily.
Question two: What is the difference between To begin with, criminal justice is a system that is designed to maintain social control, which means it is a necessary aspect of every society since “Laws are the conditions under which independent and isolated men are united to form a society” (Beccaria, 1764: 16). In other words, crime control deals with the methods that are taken by a society to reduce its crime. As a matter of fact, there are various crime control strategies, from community policing to risk assessments. In addition to the different tactics for controlling crime, there are several theories that not only attempt to explain the causes of crime, but also outline different ways to handle offenders; for example, deterrence, rehabilitation, and even retribution. Now, it is important to realize that there is no perfect model for crime control, since there are advantages and disadvantages to every system.
Today our world is filled with crime. The people committing these crimes must have a consequence for their illegal actions. The system in place to keeping everything fair and safe is called the criminal justice system. This was put in place to ensure there is fairness and justice served to people who break the laws set up by the government.
Crime that would largely disappear if the massive profits brought on by drug criminalization were eliminated. You can reduce drug usage more efficiently, and at a lower cost, through treatment than through law enforcement. A. Community Justice and Restorative Justice –Restorative justice is an alternative to traditional court processing in that it seeks to involve offenders, victims, and community representatives in the reparation process. Community justice is a broader term that refers to localities that employ a justice model that involves members of the community at various levels (Luna-Firebaugh, 2003, p.51-66).... ...
The Criminal Justice system was established to achieve justice. Incarceration and rehabilitation are two operations our government practices to achieve justice over criminal behavior. Incarceration is the punishment for infraction of the law and in result being confined in prison. It is more popular than rehabilitation because it associates with a desire for retribution. However, retribution is different than punishment. Rehabilitation, on the other hand is the act of restoring the destruction caused by a crime rather than simply punishing offenders. This may be the least popular out of the two and seen as “soft on crime” however it is the only way to heal ruptured communities and obtain justice instead of punishing and dispatching criminals
Conscious efforts to critique existing approaches to questions of crime and justice, demystify concepts and issues that are laden with political and ideological baggage, situate debates about crime control within a socio-historical context, and facilitate the imagination and exploration of alternative ways of thinking and acting in relation to crime and justice. (p. 3).
There are numerous community based corrections programs available in the juvenile justice system such as: drug court or substance abuse treatment, mentoring, independent living transition services, community service, mediation or restitution, group home placement, functional family therapy, job training or work programs, Electronic Monitoring System or Global Positioning System,
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
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.
It is also a way to empower the community and to establish their capacity and reliance on informal methods of social control. Alternatively though, McLaughlin and Muncie (2001) raise the point that community-based justice systems that may be effective in New Zealand cannot be expected to be as effective in a different culture, whereby social norms and control methods are very different as well as expectations of conformity. Restorative justice is largely volunteer based and relies on communities being unified as well as having the skills and capabilities to deal with this, which is not the case so much nowadays as Tony Marshall (1999) argues. There are criticisms over procedures, loss of rights such as an independent and impartial forum as well as the principle of proportionality in sentencing. There is also an unrealistic expectation that restorative justice can produce major changes in deviant behaviour, as there is not enough evidence to support this claim (Cunneen, 2007).
“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
The restorative model discovers the harm caused by the crime committed and involves the victims, offenders, and the community in order to reconstruct the damage done to everyone immersed in the situation (Bell, 2015, p.53). This pretty much covers their focus. Their focus is to repair the harm caused by the crime, the harm done to the victims, and any harm that could be done in the future by crime prevention (Bell, 2015, p.37). The restorative model has a main philosophy of peacemaking; which includes repairing the past harms, and compromise and harmony amongst the offender, victims, and community (Bell, 2015, p.37). The first two models for juvenile justice discussed do not include any of these attitudes. The restorative model views crime and delinquency as a “violation of people and relationships” (Bell, 2015, p. 38). The main point of restoration is to repair damage, and it is not focused on punishment and law, unlike the justice and the crime control model. This model is valuable in retrospect; but it is not effective for all crimes. In order for it to be fully effective, everyone involved in the crime has to be willing to spend hours rebuilding the relationship and the victims must be all right with facing the perpetrator. This makes it difficult to consider it as the most effective model at reducing crime. The restorative model has been proven
But, is there really a right or wrong answer to which is more effective? I would have to say it comes from the individual who done the crime and how that person was raised, or whether or not their parents raised them or not. As far as community-based corrections, I worry that the offender will be led back into the life that put them in prison to begin with. But I know we as a community have to believe that the judicial system works as a whole, and it helps get the offender learn from his/her mistakes and become a valued member of the
Crime is a human conduct that violates the laws of a state or the ferdral government. There are different ways people view criminal behavours either thourgh the view of the social problem prespective which blames the society and the social responsibility which blames the person who commited the crime. Through thses two prespective we get the idea of therories. A thoerey