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Theories Of Restorative Justice
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Recommended: Theories Of Restorative Justice
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
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.
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.
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
For quite a long time the justice system has been kept running as indicated by the precepts of retributive justice, a model in light of outcast and disdain. Restorative justice is a much all the more encouraging methodology. This model holds that when a wrongdoing happens, there's a damage done to the group; and that damage should be mended. Restorative justice tries to bring the guilty back into the community; if at all conceivable, instead of shutting him off from the outside
“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
There are two different types of justice such as Restorative justice and Retributive justice. According to Gibbs and Jacobson's (2009) restorative justice aims to heal the relationships between the victim and the offender and maybe even with the community where the crime had taken place while on the other hand Retributive Justice emphasizes that penalty provided that it’s a proportional response to the offense that has been committed. I believe that many people feel the same way as in they want to be treated fairly and with justice and that is why I feel restorative justice is the better option for victims who feel that they want justice after their offenders wrongdoings. Restorative justice prides itself on how it concentrates on both the
We live in a nation that talks about being tough on crime and that we should punish people for the crimes they have committed. Many of us believe that the tougher the punishment is on a criminal the more satisficed the victim is. As a society we only focus on the person who committed the crime and never think about the victim and how they feel. Most of the time the victim becomes irrelevant and he or she have no say on the conviction. A different approach can be taking in the judicial system that includes the victim and that is a process called restorative justice. Restorative justice, as defined by Tony Marshall, is a process by which all parties with a stake in a particular offense come together to resolve collectively how to deal with the aftermath of the offense and its implications for the future (McGlynn, Westmarland, and Godden 215). Restorative justice had been used in sentences dealing with petty crimes, such as burglary, but some people argue that it could be used for violent crimes such as sexual assault and murder cases. The process of restorative justice may seem similar to mediation but there is a distinction between them. Mediation involves individuals seeking to resolve a dispute as where in restorative justice is based on the recognition by the offender that he or she has committee a criminal offence. Post-conviction restorative justice programs can guard against the host of legitimate concerns over the use of restorative justice in such case (McGlynn 826). Restorative justice also focuses more on amends than punishing the offender. The goal of restorative justice is for the accused to accept responsibility for what they did. It also gives them an opportunity for the victim to heal through the interaction with th...
With all of the other studies and approaches out there restorative justice has characteristics that tend to differentiate from the other forms of justice such as retributive justice. This justice is different because in the way this approach is perceived and dealt with represents major differences between the two justices. If choosing the retributive approach, crime is considered to be and act against the state, instead of an act against one individual. Many of the recent studies, and theories, however, like to focus on trying to diminish the differences between the two approaches and argue that possibly combining elements from both approaches, for example punishment, and could be seen as a tool to repair harm and not as a deterrence factor.
Restorative justice provides discussion and repairing harm through victim, offender and community participation. The restorative justice approach provides opportunities for interpersonal growth. Therefore, it can be considered to be the helper principle (Burnett & Maruna, 2006, p.84). Restorative justice is non-punitive and humanistic (Dzur, 2003, p.280). Reintegration requires offenders taking responsibility for their actions (Dzur, 2003, p.287). If offenders do not take responsibility they will go back into the community and reoffender. Restorative justice wants offenders to take responsibility for their actions. The first step to successful reintegration is taking responsibility for one’s
The concept of restorative justice is not clearly defined; often referred to as a ‘movement,’ and presented as an option to the mainstream of criminal justice. Rather than harsh punishment to the offender, restorative justice will attempt to establish a connection between the victim and the offenders (Sharpe, 1998). RJ attempts to repair the harm the offender caused the victim(s). This concept initiated in the 1970s, to allow dialog between the victim and offender. In the 1990s, the program expanded to include the community, families and friends (Sharpe, 1998).
Not only does restorative justice programs provide students with a chance to vent, but to also take responsibility for themselves, forgive, understand, and listen. ¨In many schools, such programs are intent on developing closer relationships among students, teachers and administrators while encouraging young people to think of meaningful reparations for misdeeds¨. All humans have the ability to reconcile, and if you're constantly being punished for what you've done wrong, you won't ¨develop the inborn capacities to acknowledge the fact that you did hurt
The Justice Crime Prevention and Security Cluster decided to adopt the restorative justice approach as a response to the challenges the criminal justice system faces. It was decided that the Cluster must increase the amount of cases finalised through using diversion and alternative dispute resolution mechanisms. The need for such a framework was a result of the state considering dealing with crime in a focused and coordinated fashion by increasing community participation in the criminal justice system, providing victims with better support and supporting and reintegrating offenders into society. The framework makes it clear that restorative justice is simply a paradigm shift that aims to complement and improve criminal justice practices so that all citizens will have access to justice.
The law of restitution is a kind of remedy available in many civil lawsuits and in some criminal cases. This is a gain based recovery. This type of remedy is intended based on the gains of the defendant. Restitution as a means of rehabilitating offenders, explain that the sentence court at the request of sufferer, levy a claim against any personal and real property the convicted offender or might come to own. Restitutions a means of reconciling offenders. Some restitutions advocates views it is the process as a vehicle for reconciliation. Restitution might be mutual; parties who share responsibilities for breaking law make reconciliation. If a long-term calm settlement is to emerge; both parties consider the restitution agreement pale and positive. Restitution as a means of punishing offenders. It explains that restitution as an additional