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Essays O The Principles Of Restorative Justice
The values of restorative justice
Essays O The Principles Of Restorative Justice
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Family group conferencing is akin to victim-offender mediation, however, it expands the group of participants to incorporate family members, friends, teachers, and other close individuals in the lives of both the offender and the victim. The process is begun by an individual initial meeting with the facilitator and the participants and is then followed by the actual family group conference where a police officer or a social worker reads the charges against the offender, the victim is given the first opportunity to share their experience and the impact of the crime, and the offender is then allowed to respond and answer the victim’s questions. In addition, the entire group collectively develops a plan – including restitution, prevention, support, …show more content…
Today, circles are heavily used in aboriginal communities in Canada and by Native American people through Navajo Peacemaking Courts. Victims receive self-validation from circles, while offenders are afforded the opportunity to “explore options on how they will make reparations and how they can reintegrate into society.” Oftentimes, circles involve the community in the decision making process, as a main principle of restorative justice is the “empowerment of the community to be involved in deciding what is to be done in the particular case and to address underlying problems that may have led to the crime.” In addition, circles are value and moral driven, thriving on the values of “respect, honesty, listening, truth, sharing, and others.” Like the other restorative justice processes, participation in circles is voluntary and the offender must be willing to accept guilt and agree to engage in meaningful and genuine participation in the circle. The traditional process for circles, which is generally used as a replacement for a traditional trial, includes 1) the offender submitting an application for the process, 2) the victim engaging in a private healing circle, 3) the offender engaging in a private healing circle, 4) all-inclusive …show more content…
The Act introduced the idea of family group conferencing – a practice adopted from the Maori people of New Zealand, in which offenders, victims and their supporters meet face-to-face to repair the harm caused by crimes – and it has applied to youth court proceedings involving juvenile offenders aged fourteen to seventeen, with the primary objective of strengthening the ability of families to keep their children in their homes, hold their children accountable for their wrongdoings, and encouraging them to develop law-abiding and socially dynamic ways. Restorative justice encompasses primarily the entire juvenile justice system in New Zealand and its use has strongly influenced the use of restorative justice approaches in its adult
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
While the restorative justice movement has risen in recent years, the idea of circle sentencing, or peacemaking circles has been practiced in indigenous cultures for quite some time. As we look at implementing traditional indigenous culture practices as alternative dispute resolutions, we need to realize the effectiveness and also whether we are ready to use them. The Yukon and other communities reintroduced circles in 1991 as a practice of the restorative justice movement (Bazemore, 1997, p.27). Around that same time, Minnesota made the breakthrough in borrowing the practices with each band of Native Americans having their own political communications. Because Minnesota has seven Anishinaabe tribes and four Dakota communities, it has been one of the first states to lead the way for this new program. A circle sentencing program has also been implemented in North Minneapolis for African-American juvenile problems (Ulrich, 1999, p. 425).
Circle Justice Introduction: Is there a better way to make the healing process more effective? Is there a better way to punish people for making mistakes that affect other people? The key to these questions is Circle Justice. Circle Justice is an important thing that we should use more in our communities, it could be an effective way to help the healing process. Circle Justice is a Native American form of justice that was originally used in Canada.
It is the belief of first nations that the healing process and renewal of relationships are the essential ingredients for the building of healthy First Nations communities. First nations realize that the current justice process does not address the real issues at hand nor does it fit into their traditional forms of achieving justice. In fact, the current justice process systematically removes the offenders from their people and communities effectively severing all ties and ...
In February 2002, the House of Commons passed the Youth Criminal Justice Act (YCJA). The Act came into effect in April 2003, replacing the Young Offenders Act (Mapleleaf). The new legislation attempts to balance the legalistic framework of the Young Offenders Act and the social needs approach underlying the Juvenile Delinquents Act. This goal is apparent in the Declaration of Principle stating th...
Native-American justice systems are very different than the traditional American criminal justice system in that the Native-American systems are “based on a holistic philosophy where law is a way of life and justice is part of the life process” (Melton, 1995). These systems have unwritten laws that are passed down and the process involves a circle of justice that connects everyone as they are focused on the center, which represents the issues that need to be fixed to maintain peace (Melton, 1995). The American system “is based on a retributive philosophy that is hierarchical, adversarial, punitive, and guided by codified laws and written rules, procedures, and guidelines” (Melton, 1995). Since the victim has suffered, it is believed
A growing number of probation officers, judges, prosecutors as well as other juvenile professionals are advocating for a juvenile justice system which is greatly based on restorative justice. These groups of people have been frustrated by the policy uncertainty between retribution and treatment as well as unrealistic and unclear public expectations. As a primary mission, the balanced approach or policy allows juvenile justice systems together with its agencies to improve in their capacity of protecting the community and ensuring accountability of the system and the offenders . It enables the youths to become productive and competent citizens. This guiding philosophical framework for this policy is restorative justice as it promotes the maximum involvement of the community, victim, and the offender in the justice process. Restorative justice also presents a viable alternative to sanctions as well as interventions that are based on traditional or retributive treatment assumptions. In the policy proposal for restorative justice, the balanced approach mission assists juvenile justice system in becoming more responsive to the needs of the community, victims, and the offenders . Therefore, this paper considers how restorative justice reduces referrals of juveniles to criminal and juvenile justice systems and gives a proposal on the implementation of restorative justice in the community together with a number of recommendations. For instance, preliminary research reveals that application of restorative justice in schools significantly reduces school expulsions, suspensions, and referrals to the criminal justice systems. Restorative justice programs are an alternative for zero-tolerance policies for juveniles or youths .
Restorative justice can be defined as a theory related to justice that is concerned on repairing the harm that is caused or revealed by a criminal behavior (Barsh 2005: 359). Over the years, restorative justice has been seen as an effective way of dealing with both social as well as cultural issues of the aboriginal people. Because of these, restorative justice is used in many of the local communities in an effort to correct criminal behavior. This concept is seen as a conceptualization of justice which is in most cases congruent with the cultural and the community values of the aboriginal people. There is growing body of evidence which suggests that there are a number of challenges which accrue the effective implementation of restorative justice amongst the aboriginal people.
With increased media coverage of violent juvenile behavior, legislators began to pass laws to toughen up on juvenile crime. Many laws made it easier to waive juveniles into adult courts, or even exclude juveniles who had committed serious crimes from juvenile court jurisdiction. Furthermore, the sentences to be handed out for offenders were lengthened and made much more severe. As a result, the juvenile courts began to resemble the adult courts. Yet, this movement’s influence began to fade, and by the turn of the century, another shift had occurred. In the current juvenile courts, a balanced approach is emphasized. While the court deals with chronic and dangerous offenders with a heavy hand, needy youth who need help to get back on track are still assisted under the parens patriae philosophy. Restorative justice has come to be the preferred method of today’s juvenile courts. In an overall sense, the modern juvenile court has taken on a paternalistic view similar to parens patriae towards youths who are in need of guidance, while punitively punishing offenders who do not respond to the helping hand extended to
The YCJA teaches youth that their actions were unacceptable but there will still be consequences without giving them heavy jail time. One way that the government does this is through “conferencing”. Conferencing allows youth to participate in a program with the victim and the victim’s family members to learn about the consequences of their behavior and to develop ways to make amends. Typically, a conference would bring together in an informal setting the offender, his or her family, the victim, and the victim’s supporters. An open discussion about the offence and its impact would then begin with a resolution being determined at the end a simple apology might even be the end result. The idea of conferencing came from family group conferencing practiced in New Zealand and Australia as well as aboriginal circle sentencing. In 1997, the House of Commons Justice Committee suggested that the youth criminal justice system adopt conferencing as a sentencing option. Conferencing is highly beneficial to the offender because it gives them an opportunity to see first ...
There are better ways to punish criminals and protect society than mass incarceration. The state and local governments should be tough on crime, but “in ways that emphasize personal responsibility, promote rehabilitation and treatment, and allow for the provision of victim restitution where applicable” (Alec, 2014). The government also succeeds in overseeing punishment but fails to “…take into account the needs of offenders, victims, and their communities.” (Morris, 2002: Pg. 1 and 2). Alternatives to incarceration, such as sentencing circles, victim offender mediation, and family conferences, can successfully hold criminals responsible while allowing them a chance to get “back on their feet”. Research has proven that rehabilitation has lowered the rate of re-offenders, reducing the crime rate, protecting communities and also saves a lot of
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
Working for the Washington, D.C. Public Defender’s Office in the fall of 1995, I witnessed first hand the inadequacies of our legal system with respect to juvenile offenders. I believe that juvenile justice is a worthwhile topic because of its relevance to every member of American society. If we do not help children in trouble today, they will not have the capacity to be functi...
The program is modeled after similar programs that begun in the 1970s and 1980s in New Zealand and Australia (Lawson 2004). It is used in schools, juvenile courts, and youth centers. However, for this discussion I will use the facts from Catherine Lawson’s restorative justice study in Missouri. In Lawson’s writings she references Derek R. Brookes, who came up with the conclusion that restorative justice attempts to produce these three outcomes: reconciliation, reparation, and transformation. Reconciliation is stage where all the apologies happen. Reparation is the stage at which the offender takes responsibility for his or actions, by providing fair restitution to the victim and lastly transformation is the stage where the offender is re-guided back into society as a productive member and is out of the cycle of
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