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Restorative justice theory
Advantages and disadvantages of restorative justice
Restorative justice theory
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Restorative justice is a theory of justice that focuses on repairing the harm caused by criminal behavior. This is best accomplished through processes that allow all willing parties to meet. This can be done in other ways if parties do not wish to meet face to face. Restorative justice is a different way of thinking about crime and our response to crime. It focuses on repairing the harm caused by crime and attempting to prevent future harm through crime prevention. Restorative justice requires offenders to take responsibility for their actions and for the harm they have caused and seeks redress for victims, recompense by offenders and reintegration of both within the community. It requires a cooperative effort by communities and the government. Restorative justice programs allow the victim, the offender and affected members of the community to be directly involved in responding to the crime. The restorative process involves all parties often in face-to-face meetings. This is the most effective way of addressing the material and physical injuries caused by crime as well as the social, psychological and relational injuries as well. As stated …show more content…
This is a process designed to develop “consensus among community members, victims, victim supporters, offenders, offender supporters, judges, prosecutors, defense counsel, police and court workers on an appropriate sentencing plan that addresses the concerns of all interested parties.” The goals of circles include promoting healing of all those that were affected, giving the offender the opportunity to make things right, giving victims, offenders, family members and communities a voice and a chance to find solutions, addressing underlying causes of criminal behavior, and building a sense of community around “shared community values.” Circles were adapted from certain Native American traditional practices and are being used throughout North
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.
...r person in authority” (Mantle et al., 2005, p. 7). Native Americans are also historically known for using the “sentencing circle “where villagers could discuss an offender’s crime with him or her and jointly decide on a rehabilitative measure.
“Restorative justice is a process whereby parties with a stake in a specific offence collectively resolve how to deal with the aftermath of the offence and its implications for the future” (Munchie, 2004).
Restoration Restorative justice is based on bringing together the victim, the offender, and the community; all have equal parts in repairing the relationships destroyed by
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 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.
There are better ways to punish criminals and protect society than mass incarceration. The state and local governments should be tough on crime, but “in ways that emphasize personal responsibility, promote rehabilitation and treatment, and allow for the provision of victim restitution where applicable” (Alec, 2014). The government also succeeds in overseeing punishment but fails to “…take into account the needs of offenders, victims, and their communities.” (Morris, 2002: Pg. 1 and 2). Alternatives to incarceration, such as sentencing circles, victim offender mediation, and family conferences, can successfully hold criminals responsible while allowing them a chance to get “back on their feet”. Research has proven that rehabilitation has lowered the rate of re-offenders, reducing the crime rate, protecting communities and also saves a lot of
One part of restorative justice that us well known thought Canada is the Circle Process. The circle process is also known as Sentencing Circles. Sentencing circles are a popular way for the Aboriginal people to execute their justice systems. Even though sentencing circles are extremely popular, because there is little formal guidelines, making it difficult to regulate. Accord to Shaw and Jané, they thought that " there has been criticism of the use of circles in the case of intimate sexual and physical abuse, and the 'equality' or protection afforded the victims" (Shaw and Jané, 2013). In some situations, sentencing circles can be stressful on the victims and the community then the offender themselves. The positive outcome of sentencing circles, is that the group involved makes their recommendation to the judge. This is takin...
Restorative justice is an alternative community based program for juvenile offenders. Instead of sending juvenile offenders to jail or punishing them, they are taught
Therefore, there is a growing need to progress towards the restorative justice (RJ) system. According to RJ perspective, a crime is considered a conflict between individuals that results in harm to victims, communities, and offenders, and so these parties are also involved in responding to it. One of the prevalent programs of the RJ system is the victim-offender mediation (VOM) program. The VOM program is a process which provides interested victims an opportunity to meet the offender, in a safe and structured setting, with the goal of holding the offender directly accountable for their behaviour while providing assistance and compensation to the victims; mediators do not impose settlements. Over the years, the VOM program has proved to be beneficial to both, the victim and the offender.
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
This approach has introduced a criminal justice policy agenda. In the past, victims to criminal activities have been outsiders to the criminal conflict. In recent times, many efforts have been made to give the victims a more central role in the criminal justice system. Some of these efforts were introduced a few years back, though even at that time, these efforts were seen as long overdue. Some of these efforts include access to state compensation and forms of practical support. For advocates of restorative justice, crime is perceived primarily as a violation of people and relationships, and the aim is to make amends for all the harm suffered by victims, offenders and communities. The most commonly used forms of restorative justice include direct mediation, indirect mediation, restorative cautioning, sentencing panels or circles and conferencing. In recent...
Restorative justice is designed to redirect offenders towards a better future. If aboriginals are just put into prisons and jails, they do not take responsibility for the crime. Taking responsibility for one’s actions is more effective than just being incarcerated. Taking a more rehabilitative approach in aboriginal communities will only benefit the community. Reducing Recidivism To begin restorative justice that reduces offenders from recommitting crimes.
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