Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Restorative justice
Restorative justice
Restorative justice final paper
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Restorative justice
According to Morris, the following are some of the most common criticisms that are used against the practicality or realism of restorative justice: ...restorative justice erodes legal rights; restorative justice results in net-widening; restorative justice trivializes crime (particularly men's violence against women); restorative justice fails to "restore" victims and offenders; restorative justice fails to effect real change and to prevent recidivism; restorative justice results in discriminatory outcomes; restorative justice extends police powers; restorative justice leaves power imbalances untouched; restorative justice leads to vigilantism; restorative justice lacks legitimacy; and restorative justice fails to provide "justice".[72] Another
critique of restorative justice suggests that professionals are often left out of the restorative justice conversation. Albert W. Dzur and Susan M. Olson argue that this sector of justice cannot be successful without professionals. They claim that professionals can aid in avoiding problems that come up with informal justice and propose the theory of democratic professionalism, where professionals are not just agents of the state – as traditional understandings would suggest – but as mediums, promoting community involvement while still protecting individuals' rights.[73] Additionally, some critics like Gregory Shank and Paul Takagi see restorative justice as an incomplete model in that it fails to fix the fundamental, structural inequalities that make certain people more likely to be offenders than others.[74] They and others question the structure of society and the fairness of institutional systems at their very core, pushing for addressing the root causes of many one-on-one offenses as well as for creating a socio-economic system that will be more conducive to harmonious, healthy living in general.[75]
Lorraine Stutzman Amstutz states how schools that claim they are following restorative approaches through their policies in discipline are not necessarily restorative, but have enough flexibility to allow a restorative response.
Restorative justice has many opponents and advocates. Whether or not this approach to criminal justice will gain a stronger foothold in our society is yet to be determined, but restorative justice is not likely to disappear anytime soon.
Zehr (1990) who is thought to be one of the pioneers leading the argument for restorative justice highlighted three questions presented when taking a restorative approach; what is the nature of the harm resulting from the crime? What needs to be done to make things right or repair the harm? Who is responsible for this repair? He ascertained that ‘crime is fundamentally a violation of people and interpersonal relationships’. He also noted that violations create obligations and liabilities and that restorative justice seeks to heal and put right the wrongs. Restorative jus...
Sentencing refers to the imposition of a criminal sanction by a judicial authority. Our society looks to sentencing to achieve an assortment of goals. A Legislator’s view point of these goals for punishment will affect their decisions of sentencing. The five goals that legislators consider are: retribution, incapacitation, deterrence, rehabilitation, and restoration. Each of these goals will be discussed and how they all correspond with each other in a sentencing of the death penalty.
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.
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
Restorative justice is an alternative community based program for juvenile offenders. Instead of sending juvenile offenders to jail or punishing them, they are taught
Armour, Marilyn. "Restorative Justice: Some Facts And History." Tikkun 27.1 (2012): 25-64. Religion and Philosophy Collection. Web. 21 Apr. 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
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.
...apabilities to deal with this which is not the case so much nowadays as Tony Marshall (1999) argues. There are criticisms over procedures, loss of rights such as an independent and impartial forum as well as the principle of proportionality in sentencing. There is also an unrealistic expectation that restorative justice can produce major changes in deviant behaviour, as there is not enough evidence to support this claim (Cunneen, 2007). Levrant et al (1999) on the other hand suggests that restorative justice still remains unproven in its’ effectiveness to stop reoffending and argues that its appeal lies in its apparent morality and humanistic sentiments rather than its empirical effectiveness. He continues to argue that it allows people to feel better within themselves through having the moral high ground rather than focusing on providing justice to the offender.
A real world example of retributive justice would be capital punishment. The National Research Council found that in 2012, 88% of people said the death penalty does not deter them from committing a crime that is punishable by execution. The criminal justice system is flawed in the way that for some crimes, such as Victoria’s, officials will treat offenders exactly how the offender treated their victim. When dealing with other crimes, officials will just lock up the criminals, they will receive no media attention and will not be used to entertain citizens with their own boring
When Mary Catherine Parris was told that I would be talking to her about restorative justice, her response was, “Is that a real thing?” (personal communication, September 23, 2015). Through this assignment I realized that restorative justice is not talked about within the criminal justice system. For both of the individuals I spoke with, the idea of restorative justice seemed like a joke. In trying to persuade them both that restorative justice is a real thing, I was met with very similar beliefs and comments from both individuals. They both believed that restorative justice would not work and believed that some aspects of the approach were completely useless (M. C. Parris, & R. Clemones, personal communication, September 23, 2015). The responses
“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].