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Restorative justice theory
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All over the globe, restorative justice is gaining popularity in both the juvenile and adult criminal justice systems. Instead of relying on basic legal intervention to deal with youths’ misbehavior and delinquency, restorative justice focuses on the reconciliation between offenders and victims (book, pg. 86). For decades, the way that various criminal justice systems dealt with juvenile delinquency was mostly based off of criminological theories. In this instance, an understanding of the reintegrative shaming theory is vital to fully understanding restorative justice as a whole. John Braithwaite first proposed the reintegrative shaming theory in 1989. According to this theory, societies will have lower crime rates if they communicate shame about crime more effectively. In turn, societies will have more violence if the violent behavior is not seen as shameful. Basically, Braithwaite was proposing through this theory that a society’s structure and culture can influence individual deviant acts through the process of shaming. To better understand the reintegrative shaming theory, we must first know exactly what …show more content…
However, they are not as stigmatic as they used to be. We no longer put criminal offenders in the stocks, where they could suffer all manner of degradation. Our schools and childrearing practices in families have become much more reintegrative over the past two centuries. Moreover, the evidence is strong that North American families that confront wrongdoing while sustaining relationships of love and respect for their children are the families most likely to raise law-abiding citizens (). Laissez-faire families that fail to confront misbehavior, and stigmatizing families that reject and degrade, both experience a lot of misbehavior (). Overall, reintegrative shaming theory insinuates that shaming is more likely to be powerful where communities are strong and
A growing number of probation officers, judges, prosecutors as well as other juvenile professionals are advocating for a juvenile justice system which is greatly based on restorative justice. These groups of people have been frustrated by the policy uncertainty between retribution and treatment as well as unrealistic and unclear public expectations. As a primary mission, the balanced approach or policy allows juvenile justice systems together with its agencies to improve in their capacity of protecting the community and ensuring accountability of the system and the offenders . It enables the youths to become productive and competent citizens. This guiding philosophical framework for this policy is restorative justice as it promotes the maximum involvement of the community, victim, and the offender in the justice process. Restorative justice also presents a viable alternative to sanctions as well as interventions that are based on traditional or retributive treatment assumptions. In the policy proposal for restorative justice, the balanced approach mission assists juvenile justice system in becoming more responsive to the needs of the community, victims, and the offenders . Therefore, this paper considers how restorative justice reduces referrals of juveniles to criminal and juvenile justice systems and gives a proposal on the implementation of restorative justice in the community together with a number of recommendations. For instance, preliminary research reveals that application of restorative justice in schools significantly reduces school expulsions, suspensions, and referrals to the criminal justice systems. Restorative justice programs are an alternative for zero-tolerance policies for juveniles or youths .
Many people in the world today criticize and objectify specific people, merely by their outward appearance, as more likely to commit crime or other violent acts. A theory well known to criminologists is one devised by criminologists of the Chicago school, scholars whose main area of focus were urban, impoverished areas, and called their findings the Social Disorganization Theory in which it offers an idea as to why crime occurs in urban settings. The theory explains how American society is centered on the economy and individual achievement, otherwise known as “The American Dr...
Introduction: Criminology is a scientific approach to the study of crime and why it occurs. Criminologists examine this both on the individual and on the societal level. Meaning, why do individuals commit crime, and how society reacts to those crimes. As we look at the root causes of crime, we begin to notice certain aspects of people’s lives that causes them to offend - like a poor social standing, or perhaps an individual’s peer group who may allow or even support negative influences. We can also try to understand why some individuals choose NOT to offend and live pro-social lives despite negative external influences. These concepts and ideas are known as crime theories. There are many and they are wide-ranging.
When juveniles commit crimes, it is critical that society finds a successful way to divert their criminal actions into good behavior. The main purpose of this essay is to find the different outlets the juvenile justice system is using to rehabilitate juveniles, how well those strategies are working, and personal suggestions for improvement that might result in a more effective juvenile justice system.
As discussed in depth, there are all types of crimes that are committed by young offenders these days and the offenders possess a number of different characteristics. There have been many theoretical crime explanations that have been formed over the years that attempt to explain the reasoning behind the question of why certain individuals, both young and old, are more prone to commit crimes. The discussion of punishment practices are also important because it displays the many approaches that have been taken to ensure that juvenile delinquents are being treated fairly, but punished and rehabilitated all simultaneously. Many methods fall under this kind of approach referred to as the restorative justice approach such as neighborhood conference committees, victim impact panels, sentencing circles, and community impact panels which all attempt to rehabilitate the offender, but also to involve members of society including the victims/survivors of crimes (Siegel, 2009). It is believed and hoped with the continuation of processes, practices, and programs in place such as these that juvenile crime will eventually decrease bringing more order to our society as a whole. Overall, this paper strives to bring awareness to juvenile delinquency by
“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
"Sociological Theories To Explain Deviance." Sociological Theories To Explain Deviance. N.p., n.d. Web. 09 Dec. 2013. .
Walgrave, Lode. Restorative justice for juveniles: potentialities, risks and problms for research : a selection of papers presented at the international conference Leuven, May 12-14, 1997. Leuven: Leuven University Press, 1998.
Labelling theory: The theory that the terms crime, deviance, or punishment are labels, variously applied by act of power and not some natural reflection of events – American criminologist Howard Becker
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.
Striving to reduce incarceration (Walther, 2006), restorative justice, apart from other measures such as paroles and community services have been implemented. Although restorative justice allows reparation and closure on part of victims, Sanders (2002) questioned whose purpose it serves. He argued that victims should be allowed to see prosecution papers and officials have the responsibility to bring the victim through the judicial processes, even to allow victims participation in parole decisions. In reaffirming such concerns, Rock (2004) opined that restorative justice might only serve as a tool to punish offenders and reduce re-offending through emotional confrontation, depriving the victim of their desires for explanations and offender’s sincere acceptance of responsibility.
...apabilities to deal with this which is not the case so much nowadays as Tony Marshall (1999) argues. There are criticisms over procedures, loss of rights such as an independent and impartial forum as well as the principle of proportionality in sentencing. There is also an unrealistic expectation that restorative justice can produce major changes in deviant behaviour, as there is not enough evidence to support this claim (Cunneen, 2007). Levrant et al (1999) on the other hand suggests that restorative justice still remains unproven in its’ effectiveness to stop reoffending and argues that its appeal lies in its apparent morality and humanistic sentiments rather than its empirical effectiveness. He continues to argue that it allows people to feel better within themselves through having the moral high ground rather than focusing on providing justice to the offender.
Labelling theory emerged in the early 1960s challenging the positivist stance on criminology, thus creating a paradigm shift in the way that crime and deviance was viewed in society. Disparate from their positivist criminological predecessors, labelling theorists were solely interested in deviance, rather than crime (Coleman and Norris 2000). The willingly accepted, deterministic approach of traditional criminologists was highly contested by labelling theorists due to their recognition of temporal, situational and spatial variation. Consequently, labelling theorists claimed that deviance is merely a social construction, whereby no behaviour is intrinsically deviant (Becker 1963). Actions only become deviant as a response to the process of
One of the most important recommendations made by Feld is returning to the rehabilitative premise of juvenile courts. The juvenile court system was originally created to emphasize rehabilitation as opposed to punishment. In addition, the courts were meant to provide a way of protecting children from the harshness of the adult court, which emphasized obtaining guilt and punishing the individual (Hickey, 2010). The dichotomies of “treatment-punishment” and “child-adult” have been skewed and have resulted in a ch...
The original concept behind the juvenile court system was an emphasis on rehabilitation rather than punishment. It was supposed to provide a means of protecting the child from the harshness of the adult court, which emphasized obtaining guilt and punishing the individual (Hickey, 2010). The dichotomies of "treatment-punishment" and "chi...