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Influence cultural diversity has on policy and procedure in the criminal justice system
Justice :classical and modern
Classic and modern understanding of justice
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Traditional Justice Resembling state-base justice, traditional justice has a rich history and before we talk about the pros and cons of this justice approach, I will first define traditional justice and its history. Unlike state-based approach, traditional justice attempts to repair harmed relationships and there does not exists any formal procedures (Diamond). What this means is that both parties must come together and solve the issue and often with the help of a third party who is often a chief or anindividual that is respected and with no stakes in the issue (Diamond). Both parties also have to come together with the intent to repair harm that was damaged through the wrongful act and as a result, they are less selfish (Diamond). In addition, in order for the two parties to come together, the guilty party acknowledges their misbehavior and explain why they did it (Diamond). Same as with the history with state-base justice, there is a lengthy history, but for the purpose of this paper, it will …show more content…
This is a very important first step into repairing a broke relationship (Diamond). Often times, by accepting blame, people will tend to apologize, a rare event in state-base justice (Diamond) and this aids the process of repairing harm. Traditional justice systems also attempt to help the offenders back into the society (Vincenti, 1995). Too often are the offenders left to reintegrate back into society by themselves and this is difficult especially if they have no support. This is not the case with traditional justice approach as the whole society has a stake into how well the offender reintegrates back into society, and as a result of that, society comes together and helps the offender out (Vincenti, 1995). As well, by incorporating culture into the criminal process, it could help not only the victim, but the offender heal as well (Vincenti,
The purpose of this paper is to discuss how Chief Justice John Marshall affected the American Judicial System. The reader will therefore first find a brief biography of John Marshall. Then the paper will explain in detail the origins of the Judicial Power to subsequently...
What do you think is a better justice system? Circle Justice or Criminal Justice System. In this essay I will be talking about the pros and cons of each judicial system. I will also be talking about which one I think is better.
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.
It is the belief of first nations that the healing process and renewal of relationships are the essential ingredients for the building of healthy First Nations communities. First nations realize that the current justice process does not address the real issues at hand nor does it fit into their traditional forms of achieving justice. In fact, the current justice process systematically removes the offenders from their people and communities effectively severing all ties and ...
Jost, Kenneth. "The Federal Judiciary." CQ Researcher 8.10 (1998). CQ Researcher. SAGE Publications. Web. 01 Mar. 2011. .
Native-American justice systems are very different than the traditional American criminal justice system in that the Native-American systems are “based on a holistic philosophy where law is a way of life and justice is part of the life process” (Melton, 1995). These systems have unwritten laws that are passed down and the process involves a circle of justice that connects everyone as they are focused on the center, which represents the issues that need to be fixed to maintain peace (Melton, 1995). The American system “is based on a retributive philosophy that is hierarchical, adversarial, punitive, and guided by codified laws and written rules, procedures, and guidelines” (Melton, 1995). Since the victim has suffered, it is believed
Zehr (1990) who is thought to be one of the pioneers leading the argument for restorative justice highlighted three questions presented when taking a restorative approach; what is the nature of the harm resulting from the crime? What needs to be done to make things right or repair the harm? Who is responsible for this repair? He ascertained that ‘crime is fundamentally a violation of people and interpersonal relationships’. He also noted that violations create obligations and liabilities and that restorative justice seeks to heal and put right the wrongs. Restorative jus...
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.
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.
The federal government and the state government have its own court system. Both the federal and state court system has a hierarchically organized system. Sec.1article III of the constitution created the supreme court of the United States. This paper will compare and contrast the court system of the federal and state government. This paper will also point out the hierarchically structure of them both.
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
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
Pros of the restorative justice system are that it brings parties together in crime. Instead of a short term goal, the restorative justice system takes a long-term approach to reducing crime and violence using different kinds of methods. In restorative justice programs, offenders work with others affected by their criminal actions. Restorative justice promotes instilling positive behaviors in young criminals and teaching long-lasting changes in behavior to prevent future crimes. There also could be negative consequences from the restorative justice system. For restorative justice to work, criminals and their victims must communicate about the crime and its consequences. Since violent crimes often leave victims feeling helpless and vulnerable, encouraging communication can result in increased anxiety and fear. Additionally, communication might breach confidentiality for victims of violent crimes, such as rape and assault, because they must discuss the outcome of the crime and how it has impacted