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Restorative justice theories
Restorative justice theories
Effects of restorative justice in juveniles
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I was first introduced to restorative justice because I believe that forgiveness shouldn’t be given unconditionally. I believe offenders should be held accountable for their wrong doing and that victims can communicate openly about the effects that being wronged has done. Restorative justice helps hold offenders accountable, helps victims find their voice, and it also helps communities heal, together. At face value, restorative justice seems like a perfect action to an imperfect system. The articles that I found the most of, that also peaked my interest, were about restorative justice being used in school systems and taking zero tolerance’s spot. It interested me because I believe that teaching youth to understand the consequences and take …show more content…
They point out that the current policy is flawed because it doesn’t take in account how it’ll effect children; offenders misbehave and are removed from their environment and never really worked with to solve underlying problems. It “addresses the roots of student ‘misbehavior’” (Editors of Rethinking Schools, ERS). To me, that makes more sense to address and help children understand, rather than turn them away and make them feel isolated. Restorative justice brings offenders and victims together to collaborate a way to make a situation better; but, could this always work with every situation? Do some students deserve to be shut out and isolated? Paul Sperry argues in his article, “How liberal discipline policies are making schools less safe”, that the new systems have only empowered students to become more violent because there are no “real” consequences, just talk circles, which has made violence more prominent in schools and not less. But, even in his article Smith points out that students that have been through the restorative process and afterwards proceed to offend again were given a stronger punishment, for example one student was suspended and another referred for expulsion (Smith). I can see that consequences aren’t necessarily abandoned with restorative justice the administration just needs more
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 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.
Restorative Justice is a new way of thinking about and responding to crime, especially in relation to youth offending. For the past decade, especially, there has been an increasing interest in new approaches towards criminal justice in general but more so in terms of juvenile delinquency and finding an appropriate form of punishment to escape the labelling of youth delinquency, which involve the community and focus much more on the victim.
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 .
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
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.
The response from these offenders is of remorse; understanding of the effect on their victims, as well as an understanding of the potential effect continued criminal behavior could have personally. Does restorative justice work if implemented early on in our judicial system and will it have an effect on recidivism? Will this restorative approach work for violent crimes and will restorative justice reduce recidivism in violent criminals? Sherman et al. (2015) concluded that restorative justice, specifically RJC’s are effective in reducing recidivism as well as costs to criminal justice systems amongst willing participants, which is the foundation of the restorative justice process, the willingness of all involved. However is this restorative process feasibly possible with violent criminals without regard to the cost effectiveness and solely to the ideal of reducing repeat offenders. Sherman and Strang (as cited by Braswell, McCarthy and McCarthy, 2015) state, “…these programs show promise for reduced recidivism and increased victim satisfaction, even with violent offenses” (p. 174). The mere fact that offenders are given the opportunity to address, provide reparation through actions, and amend for their behavior is proving to be an aspect of justice that more judicial systems are willing to evaluate and possibly
Does justice exist in America? Yes, justice does exist in America, but for whom is the question real question. In America all citizens should feel equal to one another but that is not the case. Rather than feeling equal to one another, the blacks and whites of the country feel hatred to one another. In American justice is served but it is mainly for whites and not blacks. The word justice is defined as the quality of being fair and reasonable. Unfortunately in America, justice is not always equally served due to racism in the modern society.
In correlating the scores from the Self-Assessment Exercise located on pages 58-59 of our text book I have discovered that the fairness for which I score my place of work, and the organization for which I work, the highest is in fact Interpersonal Justice; for which my combines score totaled 13 out of a possible 15. This places Interpersonal justice at a very high overall level of perceived justice for me. And I can think of many reason ranging from the broad to the personal, and from the historic to the current, which all could be contributors to my having this perception.
The program really aims for long-term results instead of short term. It is hard to obtain quantitate measures on such a program. However, Lawson does mention a study that began in 1997 at Indiana University that measured overall satisfaction of offenders and victims who used a restorative justice approach. The findings were that “90% of the victims were satisfied with the way their case was handled, as compared to 68% whose cases were handled by conventional means” (Lawson p186 2004). “80% of offenders completed their restitution agreements compared to 58% for juveniles assigned restitution by other means, and the re arrest rates for those who completed restorative justice conferences were 25-45% lower than that of their counterparts” (Lawson p186 2004). This to me means that the program is working. Since this program is aimed at long-term solutions I would encourage that communities that use restorative justice track the offenders. They should keep a running database with offender’s names and check back with law enforcement every few years to see how the offender is doing. I would track each person for at least twenty years. I would continuously check to see if the juvenile is still committing crimes, the types of crimes they are committing and how much time passes between each
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
Walgrave, Lode. Restorative justice for juveniles: potentialities, risks and problms for research : a selection of papers presented at the international conference Leuven, May 12-14, 1997. Leuven: Leuven University Press, 1998.
...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.
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