Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Restorative justice
Restorative justice
Restorative justice within the penal system
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Restorative justice
Introduction This research proposal will outline how restorative justice affects aboriginals when it comes to crime. I will look at how restorative justice is an affective approach that will help in aboriginal communities. Restorative justice not only helps the community, it helps unite the victim and offender together to move past the crime that happened. Since Canada’s main goal in the criminal justice system is to rehabilitate offenders, restorative justice is the option to go with. It is important to remember that restorative justice is a voluntary process. Going through this process can be emotional and a hard experience for the victim to endure. But it can be very healing and a step to move on. There are not only benefits for
If aboriginals feel a connection with the community than he or she will be less likely to commit crimes. Assuming that aboriginals are involved in society such as working, going to school than they have no time to commit crimes.
Having opportunities to be connected in the community for children and adults will lead them to a positive attitude towards the community. Thus leading to trust and responsibility within the members of that society. This will than motivate aboriginals to make better choices to benefit them and their community. With being involved in the community it will empower citizens to contribute to the safety of that community. Granted that aboriginals have good relationships within the community they would not want to ruin those relationships because they do not want to lose ties in the community.
Since aboriginal communities are strongly connected when a crime happens everyone knows. The crime affects the whole community just not the victim and offender. Restorative justice involves the community in the process. This makes the community feel valued and important in the restorative justice process. Since the community is involved there is a lesser need for the government to be involved. Restorative justice aspects are rooted in aboriginal history such as the sentencing circles. The sentencing circles have always had the community presence in
Rehabilitative methods needs to be a focus in order to best accommodate offenders and society. Implementing restorative justice will have economic benefits such as less money will be spent on trials, prisons and jails. Since offenders will be not be incarcerated this will help with the overcrowding. Restorative justice is designed to redirect offenders towards a better future. If aboriginals are just put into prisons and jails they do not take responsibility for the crime. Taking responsibility for one’s actions is more affective than just being incarcerated. Taking a more rehabilitative approach in aboriginal communities will only benefit the
LaPrairie, C. (1998). The new justice: Some implications for aboriginal communities. Canadian Journal of Criminology. 40 (1), 61-79.
The system in place is completely unsuitable and unhelpful for Native people and it shows just how indifferent Canada is to First Nations peoples’ well-being. Zimmerman explains in his article “Outcomes” that it is a well-known fact that Aboriginal people are overrepresented in the prison system (1992). There are so many reasons why this is so, and the majority of those reasons are because of the terrible way that Canada has interacted with them. They are isolated in their reserves, they are haunted by their residential school experiences, leading to alcoholism, domestic violence and neglect, and they face discrimination and a lack of social support from the government. Once an Aboriginal person finds themselves in the clutches of the prison system, the indifference begins. Canada’s criminal justice system is indifferent to an Aboriginal person’s cultural, spiritual, and individual needs that separate them from the average convicted person (Zimmerman, 1992). The criminal justice system ignores the unique idea of justice and restoration that First Nations peoples have, making it extremely irrelevant and unhelpful for them. First Nations peoples have linguistic and cultural barriers and a lack of counsel and understanding of the criminal processes and, therefore, have misguided rulings and inaccurate proceedings. Canada has not provided the cultural training and
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 purpose of this paper is to examine why the justice system fails for First Nations persons and alternative rehabilitation methods used by Aboriginal people, comprised of Aboriginal people, for Aboriginal people, in hopes to rehabilitate offenders and prevent criminal behavior in the Aboriginal community from precontact to today. Through the attempts of Aboriginal people to take control of their own destiny’s in the ever going struggle to attain self-government I will examine the aims and structure of one of these alternative rehabilitation methods, the Sentencing Circle used today to address the need to return to community based “Restorative Justice Programs” in the Aboriginal community
“Restorative justice is a process whereby parties with a stake in a specific offence collectively resolve how to deal with the aftermath of the offence and its implications for the future” (Munchie, 2004).
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.
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
... integrate their cultural value system. Restorative justice helps the Aboriginal people through connection with the various social, interpersonal and also other challenges that are believed to contribute to criminal behavior.
In saying this, Aboriginal communities feel the need to be independent and seclude themselves from the rest of society as they proclaim and habituate on “their land” in the search for recognition and hierarchal treatment. Aboriginal peoples are constantly being stereotyped, ridiculed for their way of living, and essentially dismissed as human beings contributing to our society. These individuals get treated unfairly due to their upbringings and ways of living, leaving an unpleasant disconnect between Aboriginals and non-Aboriginals, still today, many years
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).... ...
Restorative justice is an alternative community based program for juvenile offenders. Instead of sending juvenile offenders to jail or punishing them, they are taught
Over the years, the traditional criminal justice system has emphasized offenders’ accountability through punishment and stigmatization. The emphasis on the retributive philosophy made it challenging for the system to meaningfully assist and empower crime victims. In the criminal justice system, victims often face insensitive treatment with little or no opportunity for input into the perseverance of their case and report feeling voiceless in the process used (Choi, Gilbert, & Green, 2013:114). Crime Victims, advocates, and practitioners have called for an expansion of victims’ rights and community-based alternatives rather than punishment-orientated justice policies. What victims want from the criminal justice system is a less formal process, more information about case processing, respectful treatment, and emotional restoration. Therefore, there is a growing need to progress towards the restorative justice (RJ) 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
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.
“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