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Theories Of Restorative Justice
Advantages and disadvantages of restorative justice
About the criminal justice system
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Recommended: Theories Of Restorative Justice
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.
Dead Man Walking, directed by Tim Robbins focuses on Sister Helen Prejean, who assists a criminal (Matthew Poncelet) in finding a way to redemption. Throughout this film, the recurrent themes of Redemption and Justice are explored in the approach of Restorative Justice. The theme of Redemption was explored through Poncelet’s unwillingness to accept his role and his belief that justice will prevail through the form of the truth. Prejean’s determination to make Poncelet confess his sins and therefore begin his own path of redemption is inspired by her need to “follow the example of Jesus,” who encouraged reconciliation and redemption. Prejean’s insistence that Poncelet had to participate in his own redemption was6 illustrated through the quote; “Matt,
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The quote can be defined by many contexts such as the truth may literally set you free and could help avoid problems or that the truth could metaphorically set you free, by being truthful one is staying true to oneself. For the case of Matthew Poncelet, the truth had set him free figuratively; by accepting the true nature of his crime would have saved his ‘soul’ and had led him to be honest with himself. The quote also refers to the mental freedom that admitting his crimes would be taking responsibility for his actions which he hadn’t done before. This could be used in our daily lives to be used a tool to stay truthful and honest to be
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.
Her description is full of emotional words and phrases which enable the reader to feel indignant about the case’s verdict-Nelson is convicted of vehicular homicide following the death of her son. Malchik emphasizes that “[T]he driver who had two previous hit-and-run convictions pleaded guilty,” but the mother who lost her son is forced to be jailed for a longer time. This part of description shapes a poor image of a mother who in order to feed her tired and hungry children, has no choice but to jaywalk. The author explains to the reader that Nelson chooses to jaywalk not because she is crazy, but because of her mother’s identity as well as lack of safer road for them. The purpose of the author is touching readers to sympathize with the mother, assuaging the mother’s guilt, and proving that walking should be human beings’ freedom and liberty. Adding to this idea are words and phrases such as, “instinctive,” “injustice,” “the narrowest,” “lost right,” “Orwellian fashion,” “more treacherous,” “laziness,” and “scorn” (Malchik). All of these emotional words are awkward for Americans. As the author indicates, “[T]he ability to walk is a struggle, a fight, a risk”, which can help to arouse readers’ awareness of protecting their lost opportunities and rights. Apart from these, at the end of the article, Malchik uses several imperative sentences like: “Open your door; go for a walk; feel the spring”, to strengthen the tone. It is also an effective way to attract readers and create strong emotional
“But what is freedom? Freedom from what? There is nothing to take a man's freedom away from him, save other men. To be free, a man must be free of his brothers. That is freedom. That and nothing else.”
Sister Helen Prejean was born on April 21, 1939 in Louisiana and author of “Executions Are Too Costly Morally”. She is a member of Order of the Sisters of St. Joseph of Medaille at the age 18 and supports the Abolishment of Death Penalty. She became internationally famous with her book Dead Man Walking: An Eyewitness Account of the Death Penalty in the United States, the book was based on her own experiences of counseling and advising prisoners on death row in Louisiana prisons. She is also the founder of Survive, which is a victim’s advocacy group in New Orleans.
Dead Man Walking is a nonfiction book written by Sister Helen Prejean which details her world of being a spiritual advisor for inmates facing the death penalty. Sister Prejean first became the spiritual advisor for Elmo Patrick Sonnier who was being executed for his role in the murder of two teenagers. After she went through the execution process with Sonnier she became the spiritual advisor for another man and became a well-known abolitionist. This piece chronicles Sister Prejean’s passage through the execution system and her experiences along the way.
In “The Moral Ambivalence of Crime in an Unjust Society” by Jeffrey Reiman he offers a detailed explanation of many different ways to define justice and allows the reader to fully comprehend the meaning of it. Before he even began explaining justice he gave his own experience with crime as way to convey to the reader how his rights had been violated and he had been filled with anger at the criminals instead of the justice that failed him. This first hand encounter with crime allowed Reiman to prove to readers that justice is what is what protects us and it is the criminals who are the problem. To see that even a man who had thought and written about nothing but crime for thirty-five years could still become
One example is John Proctor, who tried to protect his wife, he told the truth but was still convicted of lying and was hung. Another example is Rebecca Nurse, she kept her dignity and was very religious. She was accused of witchcraft but swore her innocence on the name of god, but she still got killed in the end. The last example is Giles Corey, he was old and he told the truth in court, but he didn’t deny or accept the witchcraft incident, and he was able to give his son his land but he was eventually stoned. The truth will set you free does not apply in this book for many reasons, and it doesn’t always apply in real
Dead Man Walking depicts the story of death row inmate Matthew Poncelet, a man who was convicted of brutally raping, stabbing, and shooting teenagers Hope Percy and Walter Delacroix. His punishment for these monstrosities was to be death by lethal injection. Right before his execution date, Poncelet wrote to Sister Helen Prejean for help and guidance. Believing no one should be
As agents of justice and philanthropists of duty one must evaluate the criminal justice system and its approaches to the solution of crime to determine what is good, appropriate, and what will reduce recidivism. As a western society the United States has changed and adapted its judicial system in hopes of conforming to our changing society and the increase in criminal behavior. Through these adaptations emerged a system within criminal justice that changes the focus of rehabilitation of the offender to not only include imprisonment, but to include reconciliation with the victims and the community that the offender harmed. The restorative justice approach takes a look at the crime, the criminal, and the offended; with hopes for healing and justice
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.
Daly, K. (202). Restorative justice: The real story. Punishment & Society, 4(55), 55-79. Retrieved March 12, 2014, from the Sage Publications database.
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 death penalty in America, currently, is in full swing, and spares nobody. Dead Man Walking is a movie chronicling the death sentence Matthew Poncelet received and how Sr. Helen Prejean, his spiritual advisor, intervened. The changes that Matthew made throughout the movie demonstrate that criminals can be able to reconcile and deserve another shot. Matthew showed reconciliation not only in his changes throughout the movie, but also during Sr. Helen Prejean’s help and during his execution.
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.
“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