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: Effect of mass media
“There are crimes of passion and crimes of logic. The boundary between them is not clearly defined” – Albert Camus. Camus summarizes the ambiguity that can be present in criminal sentencing. There are many reasons why crime occurs, be it intentional or otherwise, or be it out of pride, selfishness, or just mere brokenness and suffering. However typically in the most violent cases, crime has the power to stir up intense, emotional responses such as anxiety and panic, and most of all fear. For this reason, the most violent crimes are showcased and sensationalized by mass media, enticing and influencing a general perception that crime is spiraling out of control. At the existing rate, it seems it will only become worse, on one hand, more prisons will be required to lock up the influx of prisoners, and on the other, politicians are competing for votes by promising to build and fill them with prisoners, whatever the costs. There is evidence …show more content…
Throughout this paper, the aim has been to explain the importance and application of restorative justice, whose goals are restitution and reintegration of the offender back into society. As Fish establishes, there has always been an underlying aim of retribution since biblical times, yet we have not seen the fruits of the seeds that were sown in those times. It is suggested that a greater commitment of reintegration with respect to released prisoners into the community is also important. Alternatively, there should be a greater hospitable approach taken once they have completed their sentences and face the challenges of re-entering and managing the adjustment back into society. That is people with the discipline of forgiveness, a community who can bring down existing
Throughout this paper, criticisms and praises will be mentioned in the borrowing of these ingenious practices, along with arriving to a conclusion of whether we are ready to deal with offenders in the restorative justice aspect. This is an important issue because, with a newly arrived program, we need to realize whether or not we are rushing into something that the criminal justice system is not ready for and also whether they are effective.
The Youth Criminal Justice Act has many concerns creating inequalities in the restorative justice approach. For instance, juvenile delinquents who develop from a background that is impoverished may lack the ability to satisfy the reparative objectives of punishment and may not be ready to be reintegrated back into socie...
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
There is a common knowledge that capital punishment would prevent people from committing crime. But until now, there has not been any actual statistics or scientific researches that prove the relationship between the capital punishment and the rate of crimes. According to Jack Weil, “criminals, who believe that their chances of going to jail are slight, will in all probability also assume that their chances of being executed are equally slight. Their attitude that crime pays will in no way be altered” (3). Most people commit a crime when they are affected by the influence of drugs, alcohol or even overwhelmed emotions, so they cannot think logically about they would pay back by their lives. Also, when criminal plan to do their crime, they prepare and expect to escape instead of being caught. Some people believe that the threat of severe punishment could bring the crime rates down and that capital punishment is the ultimate crime deterrent. However, in fact, the rate of ...
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 .
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
Juvenile Courts in the United States find their origins in English custom and law. As early as the 16th century, poor laws and chancery courts were meant to protect minors, either through allowing the government to take custody, or protect their property rights respectively. These actions were justified by the legal philosophy parens patriae, which holds that the government is the true guardian of the needy and infirm, including dependent children, which gives the government authority to act on behalf of a child. This philosophy was the original guiding principle that the juvenile system held at the turn of the 20th century, although the juvenile system began to shift back towards crime control and the adult system during the late 20th century.
This paper will discuss the history of the juvenile justice system and how it has come to be what it is today. When a juvenile offender commits a crime and is sentenced to jail or reform school, the offender goes to a separate jail or reforming place than an adult. It hasn’t always been this way. Until the early 1800’s juveniles were tried just like everyone else. Today, that is not the case. This paper will explain the reforms that have taken place within the criminal justice system that developed the juvenile justice system.
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).
Throughout society there are both individuals and groups of people with a wide range of perceptions about crime and justice. These perceptions are influenced by the media and what the media presents. Media presents crime stories in ways that selectively distort and manipulate public perception, thus creating a false picture of crime. Therefore the media provides us with perceptions and social constructions about our world. Firstly I will be discussing the role of the media in constructing knowledge about crime. I will begin by explaining why the media is important, and go further to explain that media representations construct knowledge of crime and since knowledge about crime is constructed it does not necessarily capture reality in fact crime stories are often sensationalised. I will then link this to my central argument that the media shapes people’s perceptions of crime and how this is important as it can lead to changes in the law. I will then explain what it is that the public or society needs to be aware of when reading and watching media reports about crime. We need to be aware of bias and moral panics that are created by the media and how the media shapes or influence’s public perception through this, it is important for us to be aware of misleading or false crime stories so that we are not swayed by the media in believing what they want us to believe.
This paper describes the various legislations and movements that were established in 19th century to address the issue of juvenile justice system. It outlines the challenges faced by the legislation and movements and their implications in addressing the issues of the juvenile justice 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
UK: Willan Publishing Co., Ltd. Verkaik, R. (2006) The Big Question: What are the alternatives to prison, and do they work? The Independent [online] 10 October. Available from: Johnstone, G. and Ness, D. (2007) Handbook of Restorative Justice.
The concept of rehabilitation is that people have not always been offenders and it is possible for an offender to change for the better and contribute to themselves and the society as a whole. It could be said that while the one perspective of crime control considers a criminal punishment as a tool of protecting the public against different risk elements and harm to people, the positive rehabilitation perspective looks at the offender as an expression of frustration and anger caused by the social inequality and disadvantages. So the real question is whether a right of rehabilitation could prevent or at least reduce recidivism? The answer to this question has many sides which will be explained in this essay focusing on the issue of whether
The main aim of restorative justice is to involve the perpetrator, the victim and the community in the process of punishing the perpetrator in a less putative manner, and restoring the perpetrator, the victim and the community to its previous state. In the traditional South African context it is believed that evildoers must be restored to the community, rather than be punished. Hence, restorative justice stems from Ubuntu – “…the humanity of others is inextricably linked with their own humanity. Key social values of Ubuntu include group solidarity, conformity, compassion, [and] respect for human dignity, humanistic orientation and collective unity.” Restorative justice is rooted in victim-offender mediation (VOM) which began in developed countries during the 1970s, but only gained popularity in South Africa from 1992. The first initiative of VOM was facilitated by the National Institute for Crime Prevention and Reintegration of Offenders (NICRO), a non-profit organisation involved in programmes focussed on crime prevention and reintegration of offenders after their release from priso...