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Theory of restorative justice
Purpose of restorative justice
Concepts of restorative justice
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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. Serious crimes such as sexual assault are difficult for victims of the crime. Trauma and shame affect individuals (Elliott, 2011, p. 135). Reliving the
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.
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
According to the authors of “Enhancing Care and Advocacy for Sexual Assault Survivors on Canadian Campuses”, “Sexual assault has immediate and long-term health consequences for victims including suicide, HIV infection, depression, and social isolation,” (Quinlan, Clarke, and Miller). Another common side effect these victims face is post-traumatic stress disorder. Someone experiencing PTSD may have random outburst of anger, have trouble concentrating on day to day tasks, or may even have flashbacks of their attack. These consequences make it hard for victims to get back into the normal routine of everyday life (“Effects of Sexual Assault”). In a case at Amherst College a young women named Angie Epifano faced many of these consequences after she was raped by an acquaintance in one of the college’s dormitories. While immediately choosing to ignore what had happened to her Epifano soon became an emotional wreck. Before the attack Epifano had believed herself to be an extremely strong and independent individual. In an article done on Epifano’s story she stated “Everything I had believed myself to be was gone in 30 minutes,” (Epifano). Sexual assault takes away a piece of someone. With their hopes and dreams clouded by the tragedy they have endured, victims face a lifetime of
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.
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 perception of Justice being in the form that directly punishes the criminal is challenged by the approach of Restorative Justice, especially in the film Dead Man Walking. Throughout the duration of the film, the focus of Restorative Justice is demonstrated through the willingness of Sister Helen Prejean and her determination to assist a criminal on his path to redemption. The film challenges this approach of criminal justice and offers the greater and fairer one of Restorative Justice.
Over the years many laws and policies have been created and altered. As a result many activities have become illegal. With so many laws in place now, juvenile crime is also on the rise. More and more juveniles are being sent to prison than ever before. The goal of the juvenile justice system was to rehabilitate but now it is more focused on punishment. However, many rehabilitation programs are still in place to help delinquent juveniles get back on the path to becoming successful productive members of society. One program that comes to mind is the restorative justice program.
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.
Stephen has been developing and facilitating restorative interventions for school districts, police departments and private sector clients for over a decade.
Sexual assault is an offense that plagues many U.S. citizens. Although some studies show that rape is on the decline, other studies report that the phenomena actually occuring is that less rape victims are reporting the crime. In fact, approximately 68% of sexual assaults go unreported to the police according to the U.S. Department of Justice in a National Crime Victimization Survey from 2008-2012. It is common knowledge that rape victims are usually severely traumatized after the event, which leaves them susceptible to various emotions such as shame, anxiety, numbness, fear, denial, and guilt. Because of this, many rape victims decide to repress their experience and let it go unheard. However, not only does this prevent them from healing emotionally,
I will like to apply my research to two aspects of restorative justice : offender suitability and offender-community participation in restorative justice programs. My proposed research seeks to explore the factors that determine an offender’s suitability for participation in restorative justice process, how important is the gender of the offender or nature of offence he/she committed in this regard? The study intends to examine the effects of these factors on the community’s participation in the restorative justice process, it also attempts to assess if participation in restorative justice programs may on enhance the trust of the community in the criminal justice system by reducing their
The primary goal of restorative justice is restoration of victims, offenders and the community. Restorative justice for juveniles should be designed in the human developmental context that accounts for the mental and emotion distinctions been adolescents and adults. (USDOJ 2011) Accountability is a recurring theme in restorative justice models. It involves a consideration of juvenile development, public safety and the effects of victimization when designing restorative justice programs that assist juvenile offenders to avoid putting themselves and others at risk in the future. (USDOJ 2011) A principle of restorative justice is the “idea of discussion, dialogue, and negotiation between parties involved in and affected by a given crime.” (Karp
“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
Those who have been mistreated and traumatized often experience shame. “For me, I felt shame and embarrassment. I was scared. I felt alone. I felt trapped…” (Bostick 2) When victims are humiliated, they often feel like they need to hide the evidence of the wrongdoings done to them. They are disgusted with what they let happen to them. In turn, their self-worth and esteem are diminished.