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Concept and purpose of restorative justice
Restorative justice and how it can benefit the community
Restorative Justice In Criminal Justice
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Background
When looking at the Criminal Justice system there are so many different elements make up the system to create a whole, it is sometimes hard to grasp every element. Throughout history people and governments alike have tried to figure out cost saving yet efficient strategies to keep offenders from reoffending and out of jail. Restorative justice is one of these elements; created to focus on the rehabilitation of offenders through reconciliation with victims and the community at large. Within the realm of restorative justice there are many different types of procedures and programs from alternate dispute resolution to veteran trauma courts and everything in-between. Not everyone will agree that these specialty courts and procedures
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Mediation is typically ordered in types of cases that there is significant emotional ties; creating a potential for hostility, loss of relationships or personal feelings getting in the way of reaching an agreement. Arbitration is the best option for cases where the parties simply cannot come to an agreement and decide to have someone else decide the outcome of the case for them, without the expense and formality of a trial. Arbitration is also useful in highly complex cases where it is necessary to have a highly trained professional come to the …show more content…
Like any other program introduced to deter crime, lower tax payer costs and reduce recidivism rates, there are mixed results. Technically, restorative justice is still in the experimental phase; whether it is going to stick around and become a norm is still unclear however, if for the time being it can help reduce costs and recidivism it’s worth the effort. Problem-Solving Courts
Problem-solving courts are offense specific courts that specialize in their area; often times many different agencies get involved with the offenders to support them throughout the process.
These courts began in the 1990s to better rehabilitate offenders with specific needs that could not be efficiently supported within the regular judicial system. Problem-Solving court’s main focus is to find an outcome that will best suit the needs of the offender, victim and community. Even though problem solving courts are still relatively new, they seem to have a beneficial outcome for everyone involved. There are approximately 1,272 problem-solving courts within the United States; from drug courts to veteran’s court, more judicial systems are implementing these courts within their own boundaries.
The Criminal Justice system was established to achieve justice. Incarceration and rehabilitation are two operations our government practices to achieve justice over criminal behavior. Incarceration is the punishment for infraction of the law and in result being confined in prison. It is more popular than rehabilitation because it associates with a desire for retribution. However, retribution is different than punishment. Rehabilitation, on the other hand is the act of restoring the destruction caused by a crime rather than simply punishing offenders. This may be the least popular out of the two and seen as “soft on crime” however it is the only way to heal ruptured communities and obtain justice instead of punishing and dispatching criminals
In an instant a life can be turned upside down. This happened to a women name Mildred. Mildred house was broken into and police were able to catch the offenders name David and Ed. For their crimes David and Ed need to make restitution to Mildred and to Mildred’s community. There were many effects that David and Ed caused by breaking into the house, and not just on Mildred. David was quick to admit to his responsibility and he decided to participate in the restorative justice process. Ed however refused to admit guilt for his actions and entered in the criminal justice process. These two processes have many differences. Because of these differences David and Ed will have different restitution. There are a lot of benefits to the restorative justice process. Because David chose to go through the restorative justice process it had many benefits for David, Mildred, and the community.
A problem is defined as recurring incidents that are similar in nature, cause harm or have the potential to cause harm, and that the public expects the police to fix. (The International Association of Crime Analysts [IACA]) Problem solving consists of a planning process which involves brainstorming and coming up with alternative ways to correct an undesirable situation. There are many processes, approaches, procedures, methods, tactics, strategies, policies, and technologies involved in problem solving. Problem solving can be used to evaluate crime and other problems, look into what the underlying causes may be, develop and implement solutions to the problems, and analyze the effectiveness of the solutions on the problems. (Ortmeier, P.J. & Meese III, E., 2010) Problem solving is used in many settings, with community oriented problem solving at the forefront. Communities join efforts with the local police agencies and work towards a solution to the problem or problems that their community is facing. (Glensor, & Peak, 1998)
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
RESTORITIVE JUSTICE FOR YOUTH OFFENDERS SHOULD BE INCREASED-Draft Good morning all and welcome, today the area of the law we will be focusing on is that restorative justice for youth offenders and why restorative justice for youth offenders should be increased. Restorative justice is a philosophy in the legal world that adds value and direction into the juvenile sentence this legal concept is defined in YOUTH JUSTICE ACT 1992. Youth offenders vary from the ages 0-17 years old, but in order to be criminally charged with an offense you must be over the age of 10. Although restorative justice is congressional some people argue otherwise and say restorative justice should be reduce or matter in fact ended. Increasing the restorative justice for youth offenders will be more beneficial to theam as they will learn where they went wrong, as they will have to find a way in order to repay the victim.
Individuals are considered in the restorative process. Restorative justice focuses on who was harmed, what are their needs and whose obligations is it to attend to those needs (Lecture notes). Victims needs are addressed through meeting their offender and having their questions answered. Therefore, individuals are seen as interconnected. There cannot be healing without relationships being formed through the restorative justice process. Therefore, the crime is not seen as an isolation and blaming the offender is not helpful. Building relationships and taking responsibility allows for healing.
Restorative justice aims to bring back the sense of security by emphasizing the social relationships and providing social support and control for victims. It focuses on the healing the individuals affected by the crime, permitting all individuals involved in the justice process, and places the responsibility of establishing peace on the government. Three criticisms of restorative justice are the assumptions that agreements those involved are secured when they are sometimes not achieved, it avoids implementing traditional ways of the criminal justice system, and the government holding the accountability. I believe that the blame should not held accountable for the actions of individuals. The government’s job is to enforce the law; however, since
According to Champion the 3 factors that indicate changing criminal justice policy toward punishing offenders are: (1) decrease in crime, (2) changing public attitudes, and (3) fiscal pressures (2007). Due to these changes restorative or reparative justice has become more popular, particularly in case of property crimes. Restorative justice can be defined as, “A philosophical framework and a series of programs for the criminal justice system that emphasize the need to repair the harm done to crime victims through a process of negotiation, mediation, victim empowerment, and reparation (West’s Encyclopedia of American Law, 2008). This thread will provide a synopsis of the 3 factors mentioned and if or how this impacts the victim’s voice.
“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 erodes legal rights; restorative justice results in net-widening; restorative justice trivializes crime (particularly men's violence against women); restorative justice fails to "restore" victims and offenders; restorative justice fails to effect real change and to prevent recidivism; restorative justice results in discriminatory outcomes; restorative justice extends police powers; restorative justice leaves power imbalances untouched; restorative justice leads to vigilantism; restorative justice lacks legitimacy; and restorative justice fails to provide "justice".[72]
Restorative Justice is an approach that personalizes the crime by having the victims and the offenders mediate a restitution agreement to the satisfaction of one another. This method is used to contrast more punitive approaches where the aim is retributive justice. Instead of having the offenders punished restorative justice emphasizes repairing the harm caused by having the offenders redeem themselves. The process is best accomplished by having all offenders and victims cooperation. The offenders and victim seek to understand what the issue is and how it can be addressed. I believe that this process will benefit people more instead of them being punished for their crimes off back. This is a meaningful method used to help and teach people
Restorative justice is a theory of justice that focuses on repairing the harm caused by criminal behavior. This is best accomplished through processes that allow all willing parties to meet. This can be done in other ways if parties do not wish to meet face to face. Restorative justice is a different way of thinking about crime and our response to crime. It focuses on repairing the harm caused by crime and attempting to prevent future harm through crime prevention. Restorative justice requires offenders to take responsibility for their actions and for the harm they have caused and seeks redress for victims, recompense by offenders and reintegration of both within the community. It requires a cooperative effort by communities and the government.
Restorative justice (RJ) is a different way of looking at the criminal justice system. Instead of focusing solely on the offender, Restorative justice places the emphasis on the victim first, making sure their harms and needs are addressed, then followed by the offender, and rounding out with the community. Restorative justice has been introduced in Brazil as early as the 1990’s after it has found its way from North America through restorative justice initiatives. Brazil officially implemented restorative justice in the early 2000’s for their juvenile justice system with three pilot projects in the cities of Porto Alegre, Sao Caetano do Sol, and in Brasilia. Brazil in particular along with Latin Americas relied on the military as the aid to police when crime and violence have become rampant (Achutti & Pallamolla, 2012). Brazil has been promoting restorative justice to help bring down crimes by bringing together victims, offenders, and the community for support and not rely on extreme military and police measures to resolve the issues.
The ultimate goal of the program is to hold offenders responsible for their actions in positive ways, but most importantly repair the harm caused by the offender. Restorative justice working with victims, offenders, communities, and others who are affected by the crimes to come up with positive ways to restore lives. The restorative justice program is usually run by an outside non-profit organization and is often used in property crimes such as; shoplifting, burglary, arson larceny-theft etc... but can restorative justice possible on the federal
An importance aspect of restorative justice, is the relationship the offender builds with the victim as well as the community. By not feeling ostracized within the community coupled with the fact that this process is voluntary, the offender is much more likely to not revert back to their old ways. And at the same time the community learns what to do differently in order to ensure that they don’t play a part in those actions happening