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Restorative justice theory
Concepts with restorative justice
Restorative justice theory
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The paintball case is a perfect example of how restorative justice can be used in society to help both the victim and the offender. If a similar incident were to have happened in my community, I believe that a different outcome would have resulted. I believe that restorative justice would not have been used in this sense, and the emotional healing that happened here would not have been an outcome. Justin would have been tried alone, and he most likely would have received jail time and a lengthy sentence of probation. He would also have been required to pay any outstanding medical bills that Jorel’s insurance company did not pay. The emotional healing that was possible from the group conference would have never happened in my community because the victim and the offender would not have been able to have a conference.
The values that would prevail in my community would not be ones of sympathy, empathy, or learning but ones of conviction, firmness, and justice. Both the victim and the offender needed to be emotionally healed. Sometimes, the model of restorative justice used in this specific case is more a punishment for the offender and it helps prevent them from reoffending. This is because of the extreme emotional suffering that is talked about and the healing that prevails concluding the conference.
One of the core values that is exemplified in this case is responding to the victim’s needs. The current criminal justice system focuses solely on the offender, but the restorative justice model focuses more on the inherent needs of those affected by the crimes (Wallace, 2009, P. 152). As stated in the article, Justin said, “I never wanted to hurt anybody” and even offered to donate part of his eye to help. Jorel wanted to meet w...
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...d lead to citizens uprising in fighting for their rights.
There are many parts of this concept that are flawless and have huge potential to do great things within the criminal justice system. There are some things that could also pose huge problems. As a community, we need to come together and find a way to implement this process into our system, and help the victims heal from the emotional strain placed upon them in a crime. By trial and error, this system can be refined to meet the needs of everyone, and be used in certain situations around the country.
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Works Cited:
Cavanagh, T. (1998). The paintball case: A restorative justice case study. In T. Cavanagh (Ed.), Fort Collins, CO: Tom Cavanagh- Restorative Justice Inc.
Wallace, B. N. (2009). You decide! Current debates in criminal justice. (p. 152) Upper Saddle River, NJ: Pearson Education.
Lab, S., Williams, M., Holcomb, J., Burek, M., King, W., & Buerger, M. (2013) Criminal Justice The
Seigal, L. J., & Worrall, J. L. (2012). Introduction to criminal justice (13th ed.). Belmont, CA: Wadsworth.
Throughout this paper, criticisms and praises will be mentioned in the borrowing of these ingenious practices, along with arriving to a conclusion of whether we are ready to deal with offenders in the restorative justice aspect. This is an important issue because, with a newly arrived program, we need to realize whether or not we are rushing into something that the criminal justice system is not ready for and also whether they are effective.
The first known paintball gun or “marker” was made by John Barker in 1982. At the time he had a job designing air guns for Daisy Inc. The gun that he made was a single shot pump gun; he called it the “splatmatic”. Daisy did not want to market his gun so he started a small company with some of his friends and called it Splat Markers. The company was soon a success and in 1986 he changed the name to JT Products. Now JT Products is one of the largest paintball companies in the world, producing practically everything needed and used in the game of paintball. They have also made the NPA (National Paintball Association). This was created in 2002 and has many different teams that are sponsored by a variety of companies. Paintball has come a long way since the creation of the splatmatic and is now a very popular and sport.
Hickey, T. J. (2010). Taking Sides: Clashing Views in Crime and Criminology, 9th Edition. New York, NY: The McGraw-Hill Companies, Inc.
Similarly to rehabilitation, restoration looks to better society, however, this approach to justice emphasises the needs of the victim. In cases of minor crimes such as vandalism or petty theft, restoration is preferable to rehabilitation. This is because those who commit these minor crimes often don’t have the need for rehabilitation as mental health isn’t a large concern. In these small cases, it is also not burdensome to compensate for the losses of the victim, making restoration the ideal
Siegel, Larry J., and Joseph J. Senna. Introduction to Criminal Justice. Belmont, CA: Thomson/Wadsworth, 2008. Print.
DELIBERATING CRIME AND PUNISHMENT: A WAY OUT OF GET TOUGH JUSTICE? Criminology & Public Policy, 5(1), 37-43. Retrieved November 23, 2010, from Criminal Justice Periodicals. (Document ID: 1016637721).
In conclusion, “Is restorative justice effective?” The answer again, is multifaceted and complex. The implementation of restorative justice on a large-scale is not likely (Cullen & Jonson, 2017). Additionally, restorative justice does not address those offenders who are sent to prison. Lastly, the fact that it places faith in non-experts and community corrections impedes is effectiveness in reducing recidivism. Therefore, on the whole, evidence suggests that it is not effective. However, there is a silver lining. Restorative justice has illuminated the problem of a purely “punitive” system of corrections.
Wright, J. (2012). Introduction to criminal justice. (p. 9.1). San Diego: Bridgepoint Education, Inc. Retrieved from https://content.ashford.edu/books/AUCRJ201.12.1/sections/sec9.1
...riving a society of justice, and showing compassion to those who commit one of the greatest evils a man can commit, expresses cruelty to the society, especially toward those loved ones of the victim who yearn for justice.
Although some believe that the “just desert” method will restore balance to the community, it has been found to be ineffective when properly dealing with the elimination of crime in the future (Wenzel and Theilmann, 2006). Instead the “just desert” approach creates a antagonistic relationship between the community, victims, and offenders. However by taking a restorative justice approach to crime, offenders have the opportunity to engage in community service and give back as well as attend educational programs that educate them on victim awareness (Wenzel and Theilmann, 2006). This approach was also found to restore values in offenders and bring about more understanding between the offender, their victim(s), and communities (Wenzel and Theilmann, 2006). Karen Pryor, a well known Behavior Psychologist who focused much of her studies on training and the avoidance of punishment practices, said it best when she stated that punishment is the first thought when behavior goes wrong and that it is humanity’s favorite method of dealing with undesired behaviors (Pryor, 1996). However, this should not be the case, especially with our juveniles whether delinquent or not because harsh punishment practices does not teach anything, and is merely a temporary solution to the real problem (Pryor,
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
Schmalleger, F. (2009), Prentice Hall, Publication. Criminal Justice Today: An introductory Text for the 21st century
“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