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Advantages and disadvantages of restorative justice
Advantages and disadvantages of restorative justice
Restorative justice a place in the criminal justice system journals
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Circles are a method of restorative encounter that can be traced back to 1992 when they were first used in the town of Mayo in the Yukon Territory of Canada. The judge that first used this method saw a number of advantages to using the circle. He pointed out that some advantages were that it promoted a shared sense of responsibility, it involved the offender and the victim, it created a constructive environment, and it extended the focus to the underlying cause (Van Ness & Strong, 2010). These are some of the advantages that are focused on today when circles are used in the restorative justice system, but now there is something known as a Modified Circle, which varies some from the traditional Restorative circle. The two types of circles have …show more content…
The main difference between the two types of circles is the parties involved in the circle. Restorative Circles tend to involve the offender, victim, friends and family, members of the community, and usually representatives of the justice system (Van Ness & Strong, 2010). Modified Circles typically include the facilitators, the inmate whose situation is being discussed, and other inmates who may benefit from helping their fellow inmate. The Modified Circle does not mean to exclude the other parties normally involved in Restorative Circles, but it can just be difficult to invite the other parties and have them show up. It can be time consuming and almost impossible when inviting loved ones to attend the circle. Many inmates do not have loved ones that are willing or able to attend, which can make it difficult to find individuals to invite. The problem with this being time consuming is that some inmates have limited time, like Eric who only had a week before he …show more content…
There is a question of whether or not the victim still receives the outcome he or she is looking for. In most cases, the victim probably wants to see the offender show empathy, have a desire to turn his or her life around, and know that the offender will not hurt anyone else. Although the victim may not be as aware of this when a Modified Circle is used, it can still be accomplished. When Modified Circles are used, inmates still take responsibility for their actions, work on plan to change their behavior, and strive to create a better version of themselves. If these outcomes are what most victims are looking for, then they can still be accomplished in the absence of the
Circle Justice is a Native American way of justice. It seeks healing in contrast to punishment. Unlike jail Circle Justice helps heal your soul and helps figure yourself out. Also it helps with your inner peace and helps you become respectful to others. Disadvantages of Circle Justice include possible breaches of confidentiality. Some people feel that criminals are not punished equally or fairly under the Circle Justice philosophy. Circle Justice requires the criminal
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.
With the authority to discipline, our society has the ability to influence the future. Although, punishment is used to human savagery , it can also be used to exert power. The act of consigning punishment is extensively documented in literature. Such is the topic in Ben Mikaelsen’s novel, Touching Spirit Bear. Cole Matthews proves that the power to punish is often misused, resulting in detrimental side effects for society. Thankfully, Cole’s most recent crime is judged using the Native American tradition known as Circle Justice. Due to the process’ restorative approach, Cole is allocated a punishment, which allows him to peruse a path towards redemption. As demonstrated by Cole’s transformation in Ben Mikaelsen’s Touching Spirit Bear, justice provides redemption as illustrated through setting, symbolism, and characterization, which proves society should refrain from allocating justice solely based on punishment.
Restoration Restorative justice is based on bringing together the victim, the offender, and the community; all have equal parts in repairing the relationships destroyed by
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.
A circle justice is for healing. It can be for community. You can have an individual, a group or also community session. Also it is part of a Native American culture.
The purpose of this paper is to examine the processes of both Restorative and Retributive justice through the case of Sara Kruzan vs. The State of California. First we will establish the principle philosophers associated with each type of justice and those system's theoretical applications in our criminal justice system. Then we will apply both systems to Sara Kruzan's trail and determine the publishable outcomes. Finally we will review Sara's Life after her trial and speculate on what system would have produced a more just outcome.
A. Community Justice and Restorative Justice –Restorative justice is an alternative to traditional court processing in that it seeks to involve offenders, victims, and ...
“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
...r person in authority” (Mantle et al., 2005, p. 7). Native Americans are also historically known for using the “sentencing circle “where villagers could discuss an offender’s crime with him or her and jointly decide on a rehabilitative measure.
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
This approach has introduced a criminal justice policy agenda. In the past, victims to criminal activities have been outsiders to the criminal conflict. In recent times, many efforts have been made to give the victims a more central role in the criminal justice system. Some of these efforts were introduced a few years back, though even at that time, these efforts were seen as long overdue. Some of these efforts include access to state compensation and forms of practical support. For advocates of restorative justice, crime is perceived primarily as a violation of people and relationships, and the aim is to make amends for all the harm suffered by victims, offenders and communities. The most commonly used forms of restorative justice include direct mediation, indirect mediation, restorative cautioning, sentencing panels or circles and conferencing. In recent...
It’s quite evident that one can hardly tell which of these principles of effective intervention are more effective or important than the other when it comes to community corrections. Nonetheless, the best results can only be obtained if these principles are applied together; by reinforcing one principle with the others (Anstiss, 2013; Cullen & Gendreau, 2011).
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].
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