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Restorative justice as a deterrent
Restorative justice as a deterrent
Restorative justice within the penal system
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Tinneke Van Camp of California State University, Fresno and Jo-Anne Wemmers of the University of Montreal conducted a research of how victims might like to be offered the restorative justice approach to resolving their issues. They provide, “Independent studies reveal that when done properly, restorative justice (RJ) practices outperform criminal justice proceedings in meeting victims' concerns for insight, voice, and fairness and, as a result, can have therapeutic value. Introducing RJ to victims of crime should be done responsibly, and, therefore, it is important to understand whether and how victims want to be informed about RJ,” (Van Camp, Wemmers 2016).
For their research, they decided to interview 34 victims using two different approaches
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Dahmi decided to research specifically, “the prevalence and nature of the apologies offered by offenders to their victims during face-to-face mediations” (Dhami 2016). Her conclusions are that being given the opportunity to offer and receive an apology may be the main reason that offenders and victims choose to participate in the process. It can also be the only outcome of the mediation process (Dhami 2016). Dhami’s research helps further the thought on what constitutes an apology and how the apologies come about in the mediation …show more content…
They also explain that “capturing the vitality of participant experiences in ways that help us conceptualize, evaluate, and assess programs while doing justice to the perspective of the many different actors is a daunting task,” (Umbreit, Coates, Vos 2007). They help to see that it is a strenuous task for people facilitating and quite actually going through any type of restorative justice process to brave the experience and put in the work to make as little as harmful as
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.
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...
Restorative practice, which evolved from restorative justice, is a new field of study that has the potential to positively influence human behavior and strengthen civil society around the world. “The fundamental premise of restorative practices is that people are happier, more cooperative and productive, and more likely to make positive changes when those in authority do things with them, rather than to them or for them” (International Institute for Restorative Practices).
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.
High rates of recidivism demonstrate that the judicial system has been unsuccessful in determining criminal activity. Alternatives to incarceration known as restorative justice has existed for centuries, yet has only been recently implicated into the Canadian judicial system. The practices of restorative justice have been proven very successful for minor offences among adults and youth in bringing together the offenders, victims, and the community. However, acts of violence and serious offences committed by youths have no place in these resolutions. The act of violence is traumatizing to the victim. There is a high chance of re-conviction of a violent offence and these types of offences are too complicated to be resolved outside of the judicial system.
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
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...
In 1977, Eglash coins the term restorative justice (Gavrielidies, 2012), a term that not many people know of due to the lack of mainstream popularity, yet it is clearly evident that restorative justice practices can impact the community in a positive manner. An idea that supporters of restorative justice constantly sends out with good reason though, as the case of (Guest speaker), the case in the Diamond article (2012), and the case of Mr. Kelly (2016) clearly show that restorative justice can improve the life of an individual. This is a welcome sight as restorative justice provides a different perspective on crime, and more recently, another version of restorative justice has emerged from psychometric research (Flynn, 2014), which people refer
Daly, K. (202). Restorative justice: The real story. Punishment & Society, 4(55), 55-79. Retrieved March 12, 2014, from the Sage Publications database.
When looking at the Criminal Justice system there are so many different elements make up the system to create a whole, it is sometimes hard to grasp every element. Throughout history people and governments alike have tried to figure out cost saving yet efficient strategies to keep offenders from reoffending and out of jail. Restorative justice is one of these elements; created to focus on the rehabilitation of offenders through reconciliation with victims and the community at large. Within the realm of restorative justice there are many different types of procedures and programs from alternate dispute resolution to veteran trauma courts and everything in-between. Not everyone will agree that these specialty courts and procedures
Even though, the VOM program is exceedingly beneficial, it has its drawbacks. The crucial part of the VOM program is the participation; usually, the victims are unprepared and unaware of what the restorative process entails.... ... middle of paper ... ... Trainings and continuing education that provide opportunities for practitioners to enhance their understanding of the restorative justice values and principles as well as the nature of victims’ experiences are critical (Choi, Gilbert, & Green, 2013:129).
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...
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