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Restorative justice
Restorative justice
Corporate crime vs white collar crime
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Question 1. Both Thomas Mathiesen and Stanley Cohen argue that alternative criminal justice responses that were presented after the 1970s were not real alternatives (Tabibi, 2015a). The ‘alternatives’ which are being questioned are community justice alternatives generally, and Restorative Justice specifically. The argument here is that Restorative Justice cannot be a real alternative because it is itself finished and is based on the premises of the old system (Mathiesen, 1974). Moreover, Restorative Justice is not an alternative, as it has not solved the issues surrounding the penal system (Tabibi, 2015a). Cohen (1985) supports this sentiment, and suggests that community based punishment alternatives have actually led to a widening and expansion The current criminal justice system is expensive to maintain. In North America the cost to house one prisoner is upwards of eighty to two hundred dollars a day (Morris, 2000). The bulk of this is devoted to paying guards and security (Morris, 2000). In contrast with this, community oriented programming as halfway houses cost less than the prison alternative. Community programming costs five to twenty five dollars a day, and halfway houses although more expensive than community programs still remain cheaper than prison (Morris, 2000). Tabibi (2015c) states that approximately ninety percent of those housed in prison are non-violent offenders. The treatment of offenders in the current system is understood to be unjust. By this, Morris (2000) explains that we consistently see an overrepresentation of indigenous and black people in the penal system. Corporate crimes are largely omitted, while street crimes are emphasized (Morris, 2000). This disproportionately targets marginalized populations (homeless, drug addicted and the poor) (Tabibi, 2015c). The current system is immoral in that the caging of people is highly depersonalized and troubling (Tabibi, 2015c). This is considered to be a barbaric practice of the past, however it is still frequently used in North America (Morris, 2000). Another moral consideration is with the labelling of youth as offenders in the criminal justice system (Morris, 2000). Morris (2000) argues that we should see youth crimes as a social failure, not as an individual level failure. Next, Morris (2000) classifies prisons as a failure. Recidivism rates are consistently higher for prisons than for other alternatives (Morris, 2000). The reason for this is that prisons breed crime. A school for crime is created when a person is removed from society and labeled; they become isolated, angry
The adult system’s shifts leaked into the juvenile system, causing an increase in incarcerations even when delinquency rates were declining at the time. Juvenile reform legislations prompted more compulsory sentencing and more determinate sentences for juveniles, lowering of the upper age of juvenile jurisdiction, considerable ease in obtaining waivers to adult court for juvenile prosecution, and made it easier to gain access to juvenile records as well. Furthermore, it led to greater preoccupation with chronic, violent offenders, which in turn led to a redirection of resources for their confinement. Thereby, the absence of reliable criteria for identifying such offenders tends to stereotype all delinquents and is more likely to raise the level of precautionary confinements. These three major shifts in juvenile justice policy demonstrate the power and depth of traditional beliefs about the causes and cures of crimes in U.S. society. It also shows how the system can bend for a time in the direction of new approaches to prevention and control. Today, we are presently in a time of conservative responses where the prevailing views about crime express beliefs about prevention, retribution, and incapacitation that are profoundly rooted in our
Young, M. G. (1998, July). Rethinking community resistance to prison siting: Results from a community impact assesment. Canadian Journal of Criminology, 323-325.
Roach, K. (2000). Changing punishment at the turn of the century: Restorative justice on the rise. Canadian Journal of Criminology. 42, (2), 249-280.
The youth control complex is a form of social control in which the justice system (the prison system) and the socializing and social control institutions (school system) work together to stigmatize, criminalize, and punish inner city youth. Accordingly, these adolescents’ are regarded as deviant and incompetent to participate within U.S. society. On that note, deviance is created based on socially constructed labels of deviances; otherwise, deviance wouldn’t happen without these labels. Once an individual engages in a deviant behavior, it results in a response, often times, some type of punishment from the justice system. The youth control complex creates social incapacitation (social death) among juveniles. This ubiquitous system of social
Today, half of state prisoners are serving time for nonviolent crimes. Over half of federal prisoners are serving time for drug crimes. Mass incarceration seems to be extremely expensive and a waste of money. It is believed to be a massive failure. Increased punishments and jailing have been declining in effectiveness for more than thirty years. Violent crime rates fell by more than fifty percent between 1991 and 2013, while property crime declined by forty-six percent, according to FBI statistics. Yet between 1990 and 2009, the prison population in the U.S. more than doubled, jumping from 771,243 to over 1.6 million (Nadia Prupis, 2015). While jailing may have at first had a positive result on the crime rate, it has reached a point of being less and less worth all the effort. Income growth and an aging population each had a greater effect on the decline in national crime rates than jailing. Mass incarceration and tough-on-crime policies have had huge social and money-related consequences--from its eighty billion dollars per-year price tag to its many societal costs, including an increased risk of recidivism due to barbarous conditions in prison and a lack of after-release reintegration opportunities. The government needs to rethink their strategy and their policies that are bad
In the article, “Why Prisons Don’t Work,” Wilbert Rideau, an African American man who was convicted of murder at age nineteen, claims that permanently exiling public offenders to prison does not solve the conundrum of crime and public safety. Rideau, an outspoken advocate of prison reform, claims that the only way to curb crime is to prevent it from happening in the first place. The way to go about it, he says, is to teach the nation’s youngsters to respect the humanity of others and to handle confrontations without resorting to violence.
ALTERNATIVES TO INCARCERATION Valerie Hinton It is undeniable that mass incarceration devastates families, and disproportionately affects those who are poor. When examining the crimes that bring individuals into the prison system, it is clear that there is often a pre-existing pattern of hardship, addiction, or mental illness in offenders’ lives. The children of the incarcerated are then victimized by the removal of those who care for them and a system which plants more obstacles than imaginable on the path to responsible rehabilitation. Sometimes, those returned to the community are “worse off” after a period of confinement than when they entered.
There is some theoretical ambiguity in the meaning of Restorative Justice in spite of the many definitions and studies done on the subject. Restorative Justice has been defined as “an ethos with practical goals, among which to restore harm by including affected parties in a (direct or indirect) encounter and a process of understanding through voluntary and honest dialogue.” It is primarily concerned with the reinstatement of victims to life before the crime, restoration of the Offender to a well behaved and lawful life, restoration of the injury caused to the community and the creation of a better society in the present and the future.
The “Tough on Crime” and “War on Drugs” policies of the 1970s – 1980s have caused an over populated prison system where incarceration is policy and assistance for prevention was placed on the back burner. As of 2005, a little fewer than 2,000 prisoners are being released every day. These individuals have not gone through treatment or been properly assisted in reentering society. This has caused individuals to reenter the prison system after only a year of being release and this problem will not go away, but will get worst if current thinking does not change. This change must be bigger than putting in place some under funded programs that do not provide support. As the current cost of incarceration is around $30,000 a year per inmate, change to the system/procedure must prevent recidivism and the current problem of over-crowed prisons.
“The history of correctional thought and practice has been marked by enthusiasm for new approaches, disillusionment with these approaches, and then substitution of yet other tactics”(Clear 59). During the mid 1900s, many changes came about for the system of corrections in America. Once a new idea goes sour, a new one replaces it. Prisons shifted their focus from the punishment of offenders to the rehabilitation of offenders, then to the reentry into society, and back to incarceration. As times and the needs of the criminal justice system changed, new prison models were organized in hopes of lowering the crime rates in America. The three major models of prisons that were developed were the medical, model, the community model, and the crime control model.
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
Crime has always been associated with factors such as poverty, and research shows poverty leads to certain types of crimes such as organized crimes and robbery and in the process of committing these crimes people also land up committing assaults and murders. In a research of 34 studies of violent crimes 97 present of it turned out to be committed by individuals who are in poverty or who are in poor socioeconomic conditions. (…) we as a society fail to understand that the one of the main cause of crime is bad socioeconomic conditions. To reduce crime, we need to provide people who are living in poverty or bad socioeconomic conditions with jobs, food, housing and address their mental health issues or drug issues if they have any. But unfortunately instead of being helped they are retributed and incrated for their crime without addressing their issues and problems.
All over America, crime is on the rise. Every day, every minute, and even every second someone will commit a crime. Now, I invite you to consider that a crime is taking place as you read this paper. "The fraction of the population in the State and Federal prison has increased in every single year for the last 34 years and the rate for imprisonment today is now five times higher than in 1972"(Russell, 2009). Considering that rate along crime is a serious act. These crimes range from robbery, rape, kidnapping, identity theft, abuse, trafficking, assault, and murder. Crime is a major social problem in the United States. While the correctional system was designed to protect society from offenders it also serves two specific functions. First it can serve as a tool for punishing the offender. This involves making the offender pay for his/her crime while serving time in a correctional facility. On the other hand it can serve as a place to rehabilitate the offender as preparation to be successful as they renter society. The U.S correctional system is a quite controversial subject that leads to questions such as how does our correctional system punish offenders? How does our correctional system rehabilitate offenders? Which method is more effective in reducing crime punishment or rehabilitation? Our correctional system has several ways to punish and rehabilitate offenders.
Johnstone, G. and Ness, D. (2007) Handbook of Restorative Justice. USA: Willan Publishing. http://www.independent.co.uk/news/uk/crime/the-big-question-what-are-the-alternatives-to-prison-and-do-they-work-419388.html [Accessed 01 January 2014].
Punishing the unlawful, undesirable and deviant members of society is an aspect of criminal justice that has experienced a variety of transformations throughout history. Although the concept of retribution has remained a constant (the idea that the law breaker must somehow pay his/her debt to society), the methods used to enforce and achieve that retribution has changed a great deal. The growth and development of society, along with an underlying, perpetual fear of crime, are heavily linked to the use of vastly different forms of punishment that have ranged from public executions, forced labor, penal welfare and popular punitivism over the course of only a few hundred years. Crime constructs us as a society whilst society, simultaneously determines what is criminal. Since society is always changing, how we see crime and criminal behavior is changing, thus the way in which we punish those criminal behaviors changes.