Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Final reflection on restorative justice
Role of restorative justice
Social and restorative justice aboriginals
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Final reflection on restorative justice
In order to do so, I will review how restorative justice works, and what defines it in a society. Personally, I find restorative justice acts in a more integrated fashion to actually allowing offenders to actually seek forgiveness and make amends for any wrongdoings. As such, this essay will also highlight how restorative justice is a boon to the modern justice system. One of the benefits restorative justice offers that the traditional retributive justice system does not is the emotional bonds and relationships created between offenders and those that they have offended. The values of restorative justice and their purpose will also be examined, alongside how restorative justice matches with the current justice system. Finally, differences …show more content…
When it is used, it is frequently controlled through community-based justice. By relying on the local population or specific group, restorative justice focuses on resolving the offense between the offender and the victim. Because of the encouragement towards forming relationships in the restorative justice model, restorative justice focuses on three specific principles. Firstly, the process’s focus is to seek reparation of any harm caused to all parties involved in the crime, including the community, the victim, and even the offender. Secondly, the community, victim, offender, and government should be included in the healing process. Finally, the responsibility of keeping order befalls upon the government, but the process of keeping the peace belongs to the community as a whole (Van Ness, 1990). Once these practices are in place, only then can the process be labelled as restorative …show more content…
In Aboriginal traditional justice, the most important aspects of justice is to revive peace, as well as mend any broken bonds due to offences (Gilbert & Settles, 2007). By focusing on the cohesion of the community over self-gain, Aboriginal tribes managed to engage everyone in the community with the healing process. Some of the methods used involved meditative song “duels” to promote a feeling of peace between the involved parties by using the beauty of the music (Hoebel, 1954). While Hoebel depicts these confrontations as utopic and highly ideal for keeping communal peace, Chataway (1997) disagrees with the perfect nature of Aboriginal tribes dealing with confrontation, stating that the Kahnawake Mohawk community has records of many conflicts within the tribe itself, especially when it comes to a preference of traditional or logical ideologies. But despite actions taken by Aboriginals under restorative justice systems, they still continued to focus on the needs of those involved. As such, modern restorative practices have been based on similar techniques utilized by these Aboriginals, as community-based justice system has its “roots within Aboriginal traditions” (Roach,
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.
Indigenous People. In evaluating the Legal System’s response to Indigenous People and it’s achieving of justice, an outline of the history of Indigenous Australians - before and during settlement - as well as their status in Australian society today must be made. The dispossession of their land and culture has deprived Indigenous People of economic revenue that the land would have provided if not colonised, as well as their ... ... middle of paper ... ...
LaPrairie, C. (1998). The new justice: Some implications for aboriginal communities. Canadian Journal of Criminology. 40 (1), 61-79.
According to Graham, reconciliation is both “… a goal in the sense that it aims to restore relationships or to promote agonism or mutual tolerance, respect, and dignity […] [And] it is a process because it requires multiple modes, steps, stages, and transformations across all levels of society and amongst all stakeholders in a conflict” (Graham 2015). Through reconciliation and the related processes of restorative justice, parties to the dispute explore and overcome the pain brought on by the conflict and find ways to build trust and live cooperatively with each other. Restorative justice seeks to have a positive impact on offenders by confronting them with the consequences of their actions and delineating their responsibilities, giving them both the opportunity to repair the damage caused to the victim and to work on finding a solution to their problems (Umbreit, Bradshaw and Coates, 1999). According to Philpott, there are six components of political reconciliation: building socially just institutions and relations between states, acknowledgement, reparations, punishment, apology, and forgiveness (Philpott
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 purpose of this paper is to examine why the justice system fails for First Nations persons and alternative rehabilitation methods used by Aboriginal people, comprised of Aboriginal people, for Aboriginal people, in hopes to rehabilitate offenders and prevent criminal behavior in the Aboriginal community from precontact to today. Through the attempts of Aboriginal people to take control of their own destiny’s in the ever going struggle to attain self-government I will examine the aims and structure of one of these alternative rehabilitation methods, the Sentencing Circle used today to address the need to return to community based “Restorative Justice Programs” in the Aboriginal community
Neylan (2013) suggests that the Aboriginal women of Vancouver have perhaps experienced a similar and lingering attitude to those of the colonists. As well, it seems the Canadian justice system has also retained some of the same cruel and biased ideologies as its earlier colonialists. Neylan identifies a parallel here, explaining both colonists and the current justice system treat natives in a demeaning manner, disregarding the value of human life because of an indigenous lab...
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
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.
Instead of focusing on crime prevention, restoration focuses on repairing the harm done to the victim and the community. Along with restoring property and personal injuries, restoration is meant to bring back some kind of security. Legislators and victims want to know that justice has been done. Van Ness and Strong (1997: 8-9) suggested three core principles for the nature of restorative justice. First, Justice requires the healing of victims, offenders, and communities injured by the crime. Also, they should be permitted to stay involved in the justice process in a timely manner. Lastly, the government should be responsible for preserving a just order and the community should be responsible for establishing peace. The victims family in a murder case can have a since of relief when the offender is sentenced to the death penalty. They can know that justice has been done and will have a sense of security knowing the offender cannot harm anyone else again. The family can now mourn over there loss more
A. Community Justice and Restorative Justice –Restorative justice is an alternative to traditional court processing in that it seeks to involve offenders, victims, and ...
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