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The purpose of restorative justice
The purpose of restorative justice
Concepts of restorative justice
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The traditional justice criminal system is empowering the restorative approach
Generally, the traditional criminal justice is seen as a harsh approach to punish offenders. Whereas, the underlying assumption of restorative justice is that it is a soft on offenders principle. In order to evaluate these assumptions, the primary objectives of each perspective must be observed. Restorative justice focuses on addressing harms, needs, and obligations of the offenders, victims, and community through a collaborative process (Griffiths, 2015, p. 306). Retributive justice, on the other hand, emphasises accounting broken laws, punishing offenders, and does not encourage forgiveness (Griffiths, 2015, p.308). Both criminal justice perspectives have their
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9). Establishing and maintain community-based initiatives is a challenge for the restorative approach. Many programs such as victim-offender mediation, restorative resolution, and circle sentencing rely on voluntary participation and cooperation of the offender, victim, and community members (Griffiths, 2015, p. 309-312). Lack of public awareness of such programs and willingness to participate can detrimental for this approach. The traditional system often leaves the third party feeling neglected dissatisfied, inviting all parties to talk about their problems and concerns can help them gain confidence in restoration (Dhami & Joy, 2007, p. 12). The society can gain knowledge on the criminal system, offender thoughts and victim rights. Better understanding and acknowledgement for each other in a community can result in an overall happier …show more content…
News media usually concentrates its broadcasts on failures and dissatisfaction involved in cases and the criminal justice system. It creates misconception on the legal personnel and justice system. As a consequence of frustration towards the traditional perspective, the use of restorative justice is a new method to explore. For example, Leibel (2017) encourages restorative programs for young offenders. The news article outlines a program that will be launched in Kitimat, British Columbia aimed at young offenders involved in less serious crimes (Leibel, 20117, p. 1). This is an attempt to prevent recidivism by allowing the victim and offender conference for an appropriate punishment with the aid of a facilitator (Leibel, 2017, p. 3). The facilitator is merely a community member who volunteers their time to benefit the society. Punishments with no criminal record are typically community service acts that create a positive effect on the community (Leibel, 2017, p. 2-3). Leisl Kaberry from Kitimat RCMP Victim Services Unit states that it is “better than the alternative which is to bring them to court” (Leibel, 2017, p. 4). Restorative justice seems to be a positive approach that provides more satisfaction to the society as a
Canada’s criminal justice system largely focuses on rehabilitation, but Bourque’s harsh sentence is similar to the sentencing practices of the United States (Gagnon 2015). This is troubling as Canada’s rehabilitation focused criminal justice system appears to be working. Canada has a low rate of recidivism for offenders who have been convicted of murder (Gagnon 2015). Research shows that Canada’s rehabilitation focused criminal justice system has also worked with crimes that are not as severe as murder. Between 2010/2011 and 2013/2014, there was a 12% decrease in completed adult criminal court cases. Most cases in adult criminal court involve non-violent offenses (Maxwell 2013/2014). Similarly, in 2013, the police-reported crime rate was at it lowest since 1969 (Statistics Canada). The homicide rate is also declining, as in 2013, it represented less than 1% of all violent crime (Statistics Canada). Notably, probation was the most common sentence given in adult court cases and custody sentences were less than six months (Maxwell, 2013/2014). These types of sentences showcase the rehabilitation focused thinking of the Canadian criminal justice system and reinforce the impact and possible repercussions of Justin Bourque’s
Restorative justice system could be in the form of circle sentencing. In this system, all of the parties involved are present which includes: a judge, prosecuting council, defense council, police officer and community resident facing each other in a circle. Though the offender will still be punished, this serve as some form of rehabilitation and reconciliation between the offender and the
Roach, K. (2000). Changing punishment at the turn of the century: Restorative justice on the rise. Canadian Journal of Criminology. 42, (2), 249-280.
The Youth Criminal Justice Act has many concerns creating inequalities in the restorative justice approach. For instance, juvenile delinquents who develop from a background that is impoverished may lack the ability to satisfy the reparative objectives of punishment and may not be ready to be reintegrated back into socie...
Question 1. Both Thomas Mathiesen and Stanley Cohen argue that alternative criminal justice responses that were presented after the 1970s were not real alternatives (Tabibi, 2015a). The ‘alternatives’ which are being questioned are community justice alternatives generally, and Restorative Justice specifically. The argument here is that Restorative Justice cannot be a real alternative because it is itself finished and is based on the premises of the old system (Mathiesen, 1974). Moreover, Restorative Justice is not an alternative, as it has not solved the issues surrounding the penal system (Tabibi, 2015a). Cohen (1985) supports this sentiment, and suggests that community based punishment alternatives have actually led to a widening and expansion
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 .
Restorative justice can be defined as a theory related to justice that is concerned on repairing the harm that is caused or revealed by a criminal behavior (Barsh 2005: 359). Over the years, restorative justice has been seen as an effective way of dealing with both social as well as cultural issues of the aboriginal people. Because of these, restorative justice is used in many of the local communities in an effort to correct criminal behavior. This concept is seen as a conceptualization of justice which is in most cases congruent with the cultural and the community values of the aboriginal people. There is growing body of evidence which suggests that there are a number of challenges which accrue the effective implementation of restorative justice amongst the aboriginal people.
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
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
Umbreit, M. S. (1998). Restorative Justice Through Victim-Offender Mediation: A Multi-Site Assessment. Western Criminology Review, 1(1). Retrieved March 17, 2014, from http://wcr.sonoma.edu/v1n1/umbreit.html
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
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
It is also a way to empower the community and to establish their capacity and reliance on informal methods of social control. Alternatively though, McLaughlin and Muncie (2001) raise the point that community-based justice systems that may be effective in New Zealand cannot be expected to be as effective in a different culture, whereby social norms and control methods are very different as well as expectations of conformity. Restorative justice is largely volunteer based and relies on communities being unified as well as having the skills and capabilities 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).
Pros of the restorative justice system are that it brings parties together in crime. Instead of a short term goal, the restorative justice system takes a long-term approach to reducing crime and violence using different kinds of methods. In restorative justice programs, offenders work with others affected by their criminal actions. Restorative justice promotes instilling positive behaviors in young criminals and teaching long-lasting changes in behavior to prevent future crimes. There also could be negative consequences from the restorative justice system. For restorative justice to work, criminals and their victims must communicate about the crime and its consequences. Since violent crimes often leave victims feeling helpless and vulnerable, encouraging communication can result in increased anxiety and fear. Additionally, communication might breach confidentiality for victims of violent crimes, such as rape and assault, because they must discuss the outcome of the crime and how it has impacted
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].