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The importance of restitution
Essay on restitution
Forgiveness in restorative justice
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The law of restitution is a kind of remedy available in many civil lawsuits and in some criminal cases. This is a gain based recovery. This type of remedy is intended based on the gains of the defendant. Restitution as a means of rehabilitating offenders, explain that the sentence court at the request of sufferer, levy a claim against any personal and real property the convicted offender or might come to own. Restitutions a means of reconciling offenders. Some restitutions advocates views it is the process as a vehicle for reconciliation. Restitution might be mutual; parties who share responsibilities for breaking law make reconciliation. If a long-term calm settlement is to emerge; both parties consider the restitution agreement pale and positive. Restitution as a means of punishing offenders. It explains that restitution as an additional …show more content…
It means interrelationship between victims and offenders rights. Imbalances between the rights of offenders and victims create troubles. Examples are: it creates discrepancies in legal advice and legal aid, the obligations to give proof in court for victims against the right to silence of offenders, the right to demand against the sentence awarded to the convicted person. Where two parties are involved in any form of quarrel, the rights of one could be in conflict with the rights of the other. One mode victims can receive financial compensation for their economic losses are through “victim compensation programs”. For compensation comes money come from a range of sources like criminal’s fees and fines. Restitution is another example of compensate losses like cost of stolen or damages, that is collected by the offender to the victim. Payment of restitution helps to restore the offender and the victim to the crime. Victims may pursue civil litigation against the offender for covering the all economic
Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact.
According to Graham, reconciliation is both “… a goal in the sense that it aims to restore relationships or to promote agonism or mutual tolerance, respect, and dignity […] [And] it is a process because it requires multiple modes, steps, stages, and transformations across all levels of society and amongst all stakeholders in a conflict” (Graham 2015). Through reconciliation and the related processes of restorative justice, parties to the dispute explore and overcome the pain brought on by the conflict and find ways to build trust and live cooperatively with each other. Restorative justice seeks to have a positive impact on offenders by confronting them with the consequences of their actions and delineating their responsibilities, giving them both the opportunity to repair the damage caused to the victim and to work on finding a solution to their problems (Umbreit, Bradshaw and Coates, 1999). According to Philpott, there are six components of political reconciliation: building socially just institutions and relations between states, acknowledgement, reparations, punishment, apology, and forgiveness (Philpott
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.
In the following assignment, it is my intention to produce a research report, examining women involved in street prostitution and how they end up entering the criminal justice system. Within the report I will look at three pieces of research, review their main findings, the type of research that was used, and look to identify where I believe further research is required. My reason for choosing women in the criminal justice system is that I have expressed an interest in the criminal justice setting and my elective module is in this area. Anything that I learn from undertaking this assignment will aid my understanding and increase my knowledge base when undertaking my second placement. Prostitution has been defined as: "Prostitution involves the exchange of sexual services, sometimes but by no means exclusively
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
Instead of focusing on crime prevention, restoration focuses on repairing the harm done to the victim and the community. Along with restoring property and personal injuries, restoration is meant to bring back some kind of security. Legislators and victims want to know that justice has been done. Van Ness and Strong (1997: 8-9) suggested three core principles for the nature of restorative justice. First, Justice requires the healing of victims, offenders, and communities injured by the crime. Also, they should be permitted to stay involved in the justice process in a timely manner. Lastly, the government should be responsible for preserving a just order and the community should be responsible for establishing peace. The victims family in a murder case can have a since of relief when the offender is sentenced to the death penalty. They can know that justice has been done and will have a sense of security knowing the offender cannot harm anyone else again. The family can now mourn over there loss more
In fact, restorative justice system response to wrongdoing that emphasizes healing the wounds of victims, offenders, and communities caused or revealed by crime (Schmalleger & Smykla, 2014, p.62). The main goal here is to establish a form of boundaries when it comes to the level and extent of punishment. Non one here on earth is allowed to just display deviant criminal behavior without some form of discipline and/or punishment. Furthermore, for those whom display criminal behavior disrupts the community as well. In addition deterrence is another key factor in the goals of punishment and the efforts to make it back right. Exploring further along to where restoration of the justice system have and still is occurring in today’s
Since the beginning there has been many crimes that have had severe consequences. These crimes are crimes such as rapes, genocide, murder, and aggravated assaults (CITE). The Restorative justice system tries to help individuals that have committed some of these crimes. Some of the Restorative justice system founders are John Braithwaite, Howard Zehr, and Mark Umbret .The Restorative justice system emerged in 1970 (CITE). The Restorative justice system is a response to crime and wrongdoing that emphasizes the repairing of the harm that was created, recognizes the importance of victim, offender, and community involvement, and promote positive future behavior (CITE). Restorative justice is a response to what was considered to be an overly harsh
Elizabeth Anderson makes a claim that “The attempt to sell gift value on the market makes a mockery of those values.”(Anderson 188) Anderson uses this claim to object commoditized sex (prostitution). There are two premises that Anderson uses to support her claim. The first premise being the gift value of sex cannot be realized in commercial terms and the second premise being that the gift value of sex is more significant that the use value of sex itself.
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.
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
Restorative Justice is an approach to the justice system that focuses on the needs of both the
Little do most know, but on “[a]verage [prostitution] arrest[s], court and incarceration costs amount to nearly $2,000 per arrest. Cities spend an average of 7.5 million dollars on prostitution control every year, ranging from 1 million dollars to 23 million dollars.” Prostitution is the oldest known profession. Currently in 49 countries and counting prostitution is legal. Here in America there is a stigma following the label prostitute. We would rather resort to underground markets of sex labor. Endangering health, rights, and economics. Legalizing prostitution can reduce health hazards by giving heath care, also by giving rights to those that choose prostitution as their profession. In the long term this