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Essays on restorative justice
Professor Braithwaite’s lecture, given in 1996, about restorative justice essays
Professor Braithwaite’s lecture, given in 1996, about restorative justice essays
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Recommended: Essays on restorative justice
Australian criminologist John Braithwaite influences restorative justice principles in the United States with his theory of reintegrative shaming. Braithwaite believes shaming is the ultimate deterrent but strongly differentiates between stigmatizing shaming and shaming that reintegrates the offender back into an accepting society (Braithwaite, 1989, pp. 44-54).
The foundation for the underlying concepts of restorative justice are from Howard Becker, credited with the development of Labeling Theory in 1963. Braithwaite stemmed from Howard Becker’s idea that an individual after being caught by an agency of social control for doing a deviant act becomes labeled and that individual begins to internalize the societal given deviant status (Rohall, Milkie, & Lucas, 2014, pp. 194-195). This deviant status or label becomes part of the individual’s master status, the most upper echelon of the hierarchical characteristics of his self-identity (Rohall, Milkie, & Lucas, 2014, pp. 122-124).
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It implements small government solutions to social problems and is typically a liberal view. Liberals are concerned with individual rights when entering the criminal justice system and want little government activity. Restorative justice gives them this control. Government activity is limited to only restoring peace if needed and the rights of the offender and victim are in the hands of the community. Liberals want to use government resources to assist the victim and offender and provide them with the needs to support their rehabilitation and heeling process, this is all part of restorative
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.
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.
Labelling theory: The theory that the terms crime, deviance, or punishment are labels, variously applied by act of power and not some natural reflection of events – American criminologist Howard Becker
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.
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).... ...
The labelling theory became dominant within society during the 1940’s and 1950’s, when a group of graduate students from the Chicago school tried a different approach to applying theory to deviant behaviour. Within this group was a highly influential young man, Howard S.Becker who became the person most recognised for his work with the labelling of crime (Williams.F. McShaneM. 2010.p110). Becker argued that labels could be applied through the social reaction of others when a deviant or criminal act had been committed he stated that “Labelling is the process of identifying, categorising and stereotyping social categories such as delinquents” (Davies.M.et.al.2010.p30). When an individual becomes labelled a criminal, people do not consider all the praiseworthy things they may have done previously, they just see that they have committed some form of deviance and are now judged within societ...
Restorative justice is an alternative community based program for juvenile offenders. Instead of sending juvenile offenders to jail or punishing them, they are taught
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.
The theoretical study of societal reaction to deviance has been carried out under different names, such as, labelling theory, interactionist perspective, and the social constructionist perspective. In the sociology of deviance, the labelling theory of deviant behaviour is often used interchangeably with the societal reaction theory of deviancy. As a matter of fact, both phrases point equally to the fact that sociological explanations of deviance function as a product of social control rather than a product of psychology or genetic inheritance. Some sociologists would explain deviance by accepting without question definitions of deviance and concerning themselves with primary aetiology. However, labelling theorists stress the point of seeing deviance from the viewpoint of the deviant individual. They claim that when a person becomes known as a deviant, and is ascribed deviant behaviour patterns, it is as much, if not more, to do with the way they have been stigmatized, then the deviant act they are said to have committed. In addition, Howard S. Becker (1963), one of the earlier interaction theorists, claimed that, "social groups create deviance by making the rules whose infraction constitute deviance, and by applying those rules to particular people and labelling them as outsiders". Furthermore, the labelling theoretical approach to deviance concentrates on the social reaction to deviance committed by individuals, as well as, the interaction processes leading up to the labelling.
McAlinden , A. (2011). Transforming justice: Challenges for restorative justice in an era of punishment-based corrections. Contemporary Justice Review, 14(4), 383-406.
“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
Hayes, T. A. 2010. Labelling and the Adoption of a Deviant Status. Deviant Behaviour, 31 (3), pp. 282-297.