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The importance of restorative justice
The importance of restorative justice
Research paper on juvenile restorative justice
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Restorative justice is an alternative approach to imprisonment for eligible first-time offenders and it is becoming increasingly common in the Australian criminal justice system. Restorative justice attends to the needs of the victims, and or the community as a whole, where an appropriate restoration is mutually agreed. While restorative justice endeavours to deal with the offender’s crime without the need for imprisonment, not all offences are eligible for restorative justice. According to the Australian Government, firearm offences and those involving serious violence, serious sexual assaults, and serious drug offences must be excluded and mandate imprisonment (Joudo-Larsen, 2014, p. 8). Although there is much debate on the effectiveness …show more content…
The ACT Government (2016) states restorative justice offers victims' support, and opportunities to communicate their emotions about the harm caused by the offence and an opportunity to make a decision for an appropriate form of restoration. Restorative justice empowers victims because it allows them to be part of the process where they can ask questions and express the direct impact of the crime. Victims suffer physically, mentally, and financially because of the harm caused by the offence (Garkawe, 1999, p. 41). Additionally, restorative justice allows victims to request specific compensation that will allow them to move forward after the crime. In the criminal justice system victims often feel dissatisfied and excluded because they are not able to participate in official proceedings, except as a witness (Wemmers & Cyr, 2006, p. 1). Restorative justice has continually proven its efficacy with victim satisfaction. Evaluations conducted on restorative justice practices for first-time nonviolent juvenile offences, concluded that 90 percent of victims express a great level satisfaction, while 98 percent would recommend restorative justice as an alternative (Kuo, Longmire & Cuvelier, 2010, p. 319). This shows why restorative justice is a suitable alternative for eligible first-time
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.
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...
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.
As agents of justice and philanthropists of duty one must evaluate the criminal justice system and its approaches to the solution of crime to determine what is good, appropriate, and what will reduce recidivism. As a western society the United States has changed and adapted its judicial system in hopes of conforming to our changing society and the increase in criminal behavior. Through these adaptations emerged a system within criminal justice that changes the focus of rehabilitation of the offender to not only include imprisonment, but to include reconciliation with the victims and the community that the offender harmed. The restorative justice approach takes a look at the crime, the criminal, and the offended; with hopes for healing and justice
...ystem and are seen as a credible sentencing option because of the restorative and rehabilitative effect it has on offenders by allowing them the opportunity to give something back to the community and providing them with education and work experience. There is a lack of evidence to suggest that rehabilitation is neither an effective or non-effective sanction. The use of probation as a stand-alone sanction has decreased over the years with probation now being combined with more severe sentences. When combined with rehabilitative programs probation reduced crime outcomes by 16.7%. The common perception of the general public is that increasing the severity of sentencing will reduce crime, however empirical evidence suggest that this is not the appropriate response. Public dissatisfaction with sentencing in Tasmania is often due to a lack of knowledge and understanding.
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
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
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.
“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
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].
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.