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The purpose of restorative justice
The purpose of restorative justice
Restorative vs retributive justice essay
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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 …show more content…
needs of the victim and the offender, in addition to the general public. In this certain approach to justice, victims take a very important role in the process, while usually the offender always takes charge for their actions in the order to try and almost undo the damage that they may have caused to the victim. I believe that restorative justice is the best criminal justice approach option in dealing with offenders, victims and the community due to the healing approach process it has, unlike the other justice program which only aim to find fault and punish the guilty. Restorative justice can usually take numerous types of forms that usually include what is a face-to-face meeting between the offender and the victim.
From time to time, it may involve other members of the general public as well. Most of the time the meeting are given to have the chance to discuss what influence the crime had on the victim or the community and then cooperatively agree on how the offender can find a compensation. This may look in the form of an offender paying for property they may have stolen, doing a type of community service, or even pursuing a treatment for a primary problem that the victim might have. The goal in doing all of this is to one day have the wrongdoers be able to enter back into the society as a law-abiding citizen by inspiring the healing process which would include rehabilitation of a form such as possibly having to pay a compensation of the harm done. According to Shapland (2011) the core principles of justice are that people need to work to repair those who have been hurt and that those most openly affected and involved by the crime should be given the chance to participate completely and that the government needs to play a strong role in maintaining a fair public order, and that the society is to create and maintain an impartial peace. There are multiple programs that the justice system offers for these healing processes but here are a few of the most frequently used and have showed the most impact. Firstly the victim-offender resolution program which includes having a skilled mediator bring together the victim and the offender in a meeting so that they can discuss the wrongdoings, its outcome, and the next step procedure that may be required to help undo the wrongdoing. Next there is a program called the family group conferencing program which is very similar to the victim-offender resolution, but has a wider circle of participants than VOM, adding people connected to the primary parties, such as family, friends, and
professionals. The process is often one of the most appropriate systems for juvenile cases, due to the important role the family has on the offenders life. All of these programs I believe show the importance of restorative justice in dealing with victims, the offender, and the general community, which again explains why I believe that restorative justice is the best option of all the other types of approaches to justice.
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.
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.
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
The response from these offenders is of remorse; understanding of the effect on their victims, as well as an understanding of the potential effect continued criminal behavior could have personally. Does restorative justice work if implemented early on in our judicial system and will it have an effect on recidivism? Will this restorative approach work for violent crimes and will restorative justice reduce recidivism in violent criminals? Sherman et al. (2015) concluded that restorative justice, specifically RJC’s are effective in reducing recidivism as well as costs to criminal justice systems amongst willing participants, which is the foundation of the restorative justice process, the willingness of all involved. However is this restorative process feasibly possible with violent criminals without regard to the cost effectiveness and solely to the ideal of reducing repeat offenders. Sherman and Strang (as cited by Braswell, McCarthy and McCarthy, 2015) state, “…these programs show promise for reduced recidivism and increased victim satisfaction, even with violent offenses” (p. 174). The mere fact that offenders are given the opportunity to address, provide reparation through actions, and amend for their behavior is proving to be an aspect of justice that more judicial systems are willing to evaluate and possibly
The purpose of this paper is to examine the processes of both Restorative and Retributive justice through the case of Sara Kruzan vs. The State of California. First we will establish the principle philosophers associated with each type of justice and those system's theoretical applications in our criminal justice system. Then we will apply both systems to Sara Kruzan's trail and determine the publishable outcomes. Finally we will review Sara's Life after her trial and speculate on what system would have produced a more just outcome.
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
The program really aims for long-term results instead of short term. It is hard to obtain quantitate measures on such a program. However, Lawson does mention a study that began in 1997 at Indiana University that measured overall satisfaction of offenders and victims who used a restorative justice approach. The findings were that “90% of the victims were satisfied with the way their case was handled, as compared to 68% whose cases were handled by conventional means” (Lawson p186 2004). “80% of offenders completed their restitution agreements compared to 58% for juveniles assigned restitution by other means, and the re arrest rates for those who completed restorative justice conferences were 25-45% lower than that of their counterparts” (Lawson p186 2004). This to me means that the program is working. Since this program is aimed at long-term solutions I would encourage that communities that use restorative justice track the offenders. They should keep a running database with offender’s names and check back with law enforcement every few years to see how the offender is doing. I would track each person for at least twenty years. I would continuously check to see if the juvenile is still committing crimes, the types of crimes they are committing and how much time passes between each
Over the years, the traditional criminal justice system has emphasized offenders’ accountability through punishment and stigmatization. The emphasis on the retributive philosophy made it challenging for the system to meaningfully assist and empower crime victims. In the criminal justice system, victims often face insensitive treatment with little or no opportunity for input into the perseverance of their case and report feeling voiceless in the process used (Choi, Gilbert, & Green, 2013:114). Crime Victims, advocates, and practitioners have called for an expansion of victims’ rights and community-based alternatives rather than punishment-orientated justice policies. What victims want from the criminal justice system is a less formal process, more information about case processing, respectful treatment, and emotional restoration. Therefore, there is a growing need to progress towards the restorative justice (RJ) system.
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.
The Castle Doctrine is a bill that was passed which lets you defend yourself with necessary force in your residence if someone is breaking into your home. Criminals like to go after easy targets such as, the elderly, disabled citizens, children, and people who are unarmed. Every citizen has the right to live free and happy, if they are attacked they should be able to defend themselves and their property without being charged as a murderer.
...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.
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
“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