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More handpicked essays just for you.
Theories of restorative justice
The importance of restorative justice
Theories of restorative justice
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Victims of crime are commonly known as the person(s) affected by the doings of a criminal perpetrator directly or indirectly. Although the definition of crime is legally constructed in our day to day life, this essay will explore on the definition of crime from a socio-legal construct, thus highlighting both the effects of both legal and non-legally regarded criminal acts. The scope of this essay will focus on the needs of victims of crime such as crisis intervention, rehabilitation, legal rights, post-crisis intervention assistance measures such as courtroom assistance. The adequacy of the measures implemented will be contested and the compromise of defendant, prosecution and witness rights will be highlighted. Other than that, this essay seeks to relate victim rights and welfare to the basic objectives of truth finding within the judicial systems and showcase the contradiction and compromise between the needs of victim and the neutrality of the judiciary. Lastly, the essay will critique on the state’s measures in giving more voice and assistance to the victims as a matter of equal needs. For the purpose of this essay, reference will be made to the US, English and German and Singapore judicial systems. However, it is limited to highlighting inadequacy in victim’s needs in general and not through comparative scrutiny within different judicial systems such as inquisitorial and adversarial systems. The concept of ‘victim’ as inferred by Rock (2004) does not form a clear definition with vague, defining statements. Taking the example of burglary victim, Rock (2004) associates it with what is normally expected of a victim such as sense of defilement, constant fear of crime and mistrust. In the case of Milton Brown’s rape case (Rock, 20... ... middle of paper ... ...he amount compensated should be determined fairly considering both victim and offender. Striving to reduce incarceration (Walther, 2006), restorative justice, apart from other measures such as paroles and community services have been implemented. Although restorative justice allows reparation and closure on part of victims, Sanders (2002) questioned whose purpose it serves. He argued that victims should be allowed to see prosecution papers and officials have the responsibility to bring the victim through the judicial processes, even to allow victims participation in parole decisions. In reaffirming such concerns, Rock (2004) opined that restorative justice might only serve as a tool to punish offenders and reduce re-offending through emotional confrontation, depriving the victim of their desires for explanations and offender’s sincere acceptance of responsibility.
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.
The individuals within our society have allowed we the people to assess and measure the level of focus and implementation of our justice system to remedy the modern day crime which conflict with the very existence of our social order. Enlightening us to the devices that will further, establish the order of our society, resides in our ability to observe the Individual’s rights for public order.
Be summing up, victims have a vital role to play in bringing criminal to justice. By having the courage to stand up and be a witness you can prevent further crimes happening and protects others from becoming a victim. And as many criminal justice official acknowledge that victims are central to effective crime investigation and prosecution. Although several initiatives have been developed to make court more friendly to witnesses; and there is still a need for them to be more responsive to the wellbeing victim’s family and all that concerns them and not just the victim.
Public criminology takes information, research and education to the next level, as discovered through this essay. It doesn’t just include lab work, research and discoveries, it involves community based teaching in a way that the public can be informed and educated through upfront communication. Throughout this essay, the broad definition of public criminology will be discussed as well as its relevance to society. As with anything, there are challenges and promises that accompany public criminology and those will be stated in this essay. Examples will be given to help you learn the different concepts of public criminology and how it relates to our modern society. Given as a starting point, according to Larson (2012), public criminology involves:
Victim means an individual who are likely to suffer serious physical injury, psychological harm, financial loss, emotional harm or property damage due to the action of alleged commission of an offence. Most of crime such as sexual assault or physical assault committed by either family members or acquainted.
First we need to look at what is Victimology and where did it come from? The origins of Victimology can be traced back to the 1940’s to the 1950’s and early 1960’s it erupted after World War II to seek and understand the relationship between criminal and victim. It began when criminologist had came together to examine the victims of crime at a university. ‘Criminology is the science upon which victimology is founded’ (Wallace; Roberson 2) and when two criminologists, “The founding fathers of Victimology” Mendelsohn and Von Hentig first began the field of victimology by using charts and analysis of different types of crimes of victims. They studied the behaviors and vulnerabilities of victims like, rape victims and murder victims. How some of the ways that some of us can relate to of what a victim is. As Wallace; Roberson writes:
Critical criminology, also known as radical criminology dates back to the concepts of Marxism. Despite the fact that Fredric Engels and Karl Marx were the founders of contemporary radical criminology, none of them gave explicit focus to crime. William Bonger (1876-1940), a Dutch criminologist was a more direct founder of this concept. It gained popularity during the early 1970s when it tried to explain the causes of contemporary social mayhem. He used economic explanations were used by critical criminology to analyze social behavior by arguing that social and economic inequalities were the main reason behind criminal behavior (Henry & Lainer, 1998). This view reduces the focus on individual criminals and elaborates that the existing crime is as a result of the capitalist system. Just like the conflict school of thought, it asserts that law is biased since it favors the ruling or the upper class and that the legal system that governs the state is meant to maintain the status quo of the ruling class. Critical criminologist are of the view that political, corporate and environmental crime are not only underreported but also inadequately punished by the existing criminal legal system.
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
Victimology is the study of the victims of crime and the psychological effects on them of their experience. Moreover, the ownership of a position, arise from real or imagined victimization, that seems to glorify and indulge the state of being a victim. According to Wayne Petherick, it includes the vic...
“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
Johnstone, G. and Ness, D. (2007) Handbook of Restorative Justice. USA: Willan Publishing. http://www.independent.co.uk/news/uk/crime/the-big-question-what-are-the-alternatives-to-prison-and-do-they-work-419388.html [Accessed 01 January 2014].
An individual can become a victim from many situations such as natural disasters, accidents, or from one of the many social problems. These people are coined as victims because they endure hardships like injuries from situations they cannot control. In society today, there are many victim advocacy organizations that are focus on the task of helping victims of crimes recover from their difficult experiences. Each of these organizations have their own purpose, history, as well as good points. One of the groups that help crime victims is The National Center for Victims of Crime.
To illustrate, diverting cases out of the correctional system and taking a community based approach, such as restorative justice, would save a significant financial cost. For example, community based sentencing can cost between $600-$7,000 per year, while the cost of incarcerating a youth, for one year, is upwards of $126,000 (Minaker & Hogeveen, 2009:255). Thus, restorative justice deviates from a traditional forms of punishment. Restorative justice practices allow the crime committed to remains between the victim and offender – the focus shifts from disintegration to reintegration. In contrast, traditional uses of the correctional justice system allow the crime to be between the accused and the state, resulting in minimal benefits for the communities and victims (Minaker & Hogeveen, 2009:255). Minaker & Hogeveen (2009) illustrate that restorative justice moves away from the contradictory model of punishing an offender for their act and continuously supporting them to an approach that expands victim’s rights and produces
The view towards victims' participation is different today, influenced by a number of factors: the need to rehabilitate the victims, strengthen their marginal role in the adversarial criminal justice systems and protect the rights of the most vulnerable groups – women and
If you look up the word criminology in the dictionary it would be defined as a scientific study of crime as a social phenomenon. Social phenomenon? Say what?