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Four theories of restorative justice
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According to Champion the 3 factors that indicate changing criminal justice policy toward punishing offenders are: (1) decrease in crime, (2) changing public attitudes, and (3) fiscal pressures (2007). Due to these changes restorative or reparative justice has become more popular, particularly in case of property crimes. Restorative justice can be defined as, “A philosophical framework and a series of programs for the criminal justice system that emphasize the need to repair the harm done to crime victims through a process of negotiation, mediation, victim empowerment, and reparation (West’s Encyclopedia of American Law, 2008). This thread will provide a synopsis of the 3 factors mentioned and if or how this impacts the victim’s voice.
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In May of 2012 the Missouri legislation passed a bi-partisan bill in which there would be swifter punishment to help eliminate crowded dockets. This student/advocate concedes with St. Louis County Prosecuting Attorney Robert McCulloch regarding this legislation, "The whole idea is to increase the level of supervision, the level of drug treatment, the intensity of probation at the front end, restorative justice… If there 's somebody we can put on the right track and keep from going to prison, that 's what we want to do" (Young, …show more content…
Victims are an afterthought, despite the claim that restorative justice is victim centered. It is often the expectation of restorative justice programs that offenders will offer genuine apologies for what they have done. But where offenders are not sorry for what they have done, victims may feel harmed again for this failure of justice. Similarly, restorative justice appears to imply that victims are in some sense obligated to assist offenders. This distorts the hope of victims to assist themselves through restorative justice processes. Victim participation for the purpose of offender rehabilitation may be at least an unreasonable burden, if not outright
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.
Roach, K. (2000). Changing punishment at the turn of the century: Restorative justice on the rise. Canadian Journal of Criminology. 42, (2), 249-280.
Even though restorative justice has many supporters, it also boasts numerous opponents as well. In response to a proposal for restorative justice, conservatives largely contest the idea in favor of a more “get-tough” on criminals approach. “According to conservative theory, human beings are obliged to curb their drive for self-gratification. Offenders are to be punished harshly in order to provide them with a moral lesson and to serve as a general deterrent” (Mantle, Fox, & Dhami, 2005, p. 20). Many citizens worry that with the advancement of restorative justice comes the loss of state and government power. Because formal court processes are usually avoided and communities execute their own “judge and jury” practices when a crime is committed, restorative justice is sometimes seen as a threat to traditional U.S. state and federal court systems. A reduction in the involvement of the American court systems is viewed as a “breakdown of traditional social and legal authority” (Mantle et al., 2005, p. 20). With “a culture that is becoming increasingly conservative and focused on security rather than personal freedom,” (Siegel, 2008, p. 194) many conservatives are resistant to a form of justice that gives more liberty an...
“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).
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 .
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.
It is undeniable that mass incarceration devastates families, and disproportionately affects those which are poor. When examining the crimes that bring individuals into the prison system, it is clear that there is often a pre-existing pattern of hardship, addiction, or mental illness in offenders’ lives. The children of the incarcerated are then victimized by the removal of those who care for them and a system which plants more obstacles than imaginable on the path to responsible rehabilitation. Sometimes, those returned to the community are “worse off” after a period of confinement than when they entered. For county jails, the problem of cost and recidivism are exacerbated by budgetary constraints and various state mandates. Due to the inability of incarceration to satisfy long-term criminal justice objectives and the very high expenditures associated with the sanction, policy makers at various levels of government have sought to identify appropriate alternatives(Luna-Firebaugh, 2003, p.51-66).
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
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
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...
...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.
The Victim Offender Mediation Association was developed out of the informal network of practitioners, researchers, and theorists in victim-offender mediation and restorative justice in the early 1980’s. It was originally called the U.S. Association for Victim-Offender Mediation and became VOMA in 1997. Being an international organization there are currently 350 members and 30 agency members in the 40 states and 7 countries. Victim-offender mediation programs around the world have increased to more than 1200 since 1990. The growth in this field and its influence on criminal justice systems has created a great need for professional support and ongoing education for those who put restorative justice into action. VOMA promotes and provides
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