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Restorative Justice: Aboriginal Peoples and the Justice System

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Restorative justice can be defined as a theory related to justice that is concerned on repairing the harm that is caused or revealed by a criminal behavior (Barsh 2005: 359). Over the years, restorative justice has been seen as an effective way of dealing with both social as well as cultural issues of the aboriginal people. Because of these, restorative justice is used in many of the local communities in an effort to correct criminal behavior. This concept is seen as a conceptualization of justice which is in most cases congruent with the cultural and the community values of the aboriginal people. There is growing body of evidence which suggests that there are a number of challenges which accrue the effective implementation of restorative justice amongst the aboriginal people.
Bopp and Bopp (2007: 45) argue that the tendency of making use of uniform strategies in restorative justice loses values and often overlooks the heterogeneity of identities as well as the experience of the native people. This means that it is important to acknowledge the differences amongst the aboriginal people. It is evident that the use of retributive model of justice has been used in many of the corrections in Canada. Despite that, this method has not been effective in reducing crime amongst the aboriginal people.
Both males and females amongst the aboriginals are overrepresented in the various levels of secured custody. However, based on the enormity of the native involvement in the Canadian Penal System, there have been a number of commissions meant to resolve the dilemma regarding the aboriginal people (Crnovich 2005 : 8). While both the premises of the aboriginal and also the contemporary models related to justice have been identified as being mu...

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... integrate their cultural value system. Restorative justice helps the Aboriginal people through connection with the various social, interpersonal and also other challenges that are believed to contribute to criminal behavior.

Works Cited

Barsh, R. 2005. Aboriginal peoples and the justice system: Report of the national round table on Aboriginal justice issues (Book Review). Great Plains Research, 359-362.
Bopp, J., & Bopp, M. 2007. Responding to sexual abuse: Developing a community-based sexual abuse response team in Aboriginal communities. Ottawa: Solicitor General of Canada, pp. 45-49
Brookes, D. 2008. Evaluating restorative justice programs. Humanity and Society, 22, 23-37. DOI: 10.1177/0011128799045001001
Crnovich, M. 2005. Report on sentencing circles in Nunavik. In Pautuutit Women’s Association, Inuit Women and Justice: Progress Report, 4(8), pp. 8-11