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Essays on restorative justice
Professor Braithwaite’s lecture, given in 1996, about restorative justice essays
Professor Braithwaite’s lecture, given in 1996, about restorative justice essays
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Australian criminologist John Braithwaite influences restorative justice principles in the United States with his theory of reintegrative shaming. Braithwaite believes shaming is the ultimate deterrent but strongly differentiates between stigmatizing shaming and shaming that reintegrates the offender back into an accepting society (Braithwaite, 1989, pp. 44-54).
The foundation for the underlying concepts of restorative justice are from Howard Becker, credited with the development of Labeling Theory in 1963. Braithwaite stemmed from Howard Becker’s idea that an individual after being caught by an agency of social control for doing a deviant act becomes labeled and that individual begins to internalize the societal given deviant status (Rohall, Milkie, & Lucas, 2014, pp. 194-195). This deviant status or label becomes part of the individual’s master status, the most upper echelon of the hierarchical characteristics of his self-identity (Rohall, Milkie, & Lucas, 2014, pp. 122-124).
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It implements small government solutions to social problems and is typically a liberal view. Liberals are concerned with individual rights when entering the criminal justice system and want little government activity. Restorative justice gives them this control. Government activity is limited to only restoring peace if needed and the rights of the offender and victim are in the hands of the community. Liberals want to use government resources to assist the victim and offender and provide them with the needs to support their rehabilitation and heeling process, this is all part of restorative
Roach, K. (2000). Changing punishment at the turn of the century: Restorative justice on the rise. Canadian Journal of Criminology. 42, (2), 249-280.
Labelling theory, stemming from the influences of Cooley, Mead, Tannenbaum, and Lemert, has its origins somewhere within the context of the twentieth century. However, Edwin Lemert is widely considered the producer and founder of the original version of labelling theory. This paper, not a summary, provides a brief history of labelling theory, as well as, its role in the sociology of deviance. It attempts to explore the contributions made by labelling theorists, the criticism towards labelling theorists, and the discussion surrounding its reality as an actual theory. In essence, the main focus of this paper besides proving an understanding of Howard Becker, is to describe and evaluate `labelling theory` to the study of crime and deviance, by way of an in depth discussion.
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.
Crime that would largely disappear if the massive profits brought on by drug criminalization were eliminated. You can reduce drug usage more efficiently, and at a lower cost, through treatment than through law enforcement. A. Community Justice and Restorative Justice –Restorative justice is an alternative to traditional court processing in that it seeks to involve offenders, victims, and community representatives in the reparation process. Community justice is a broader term that refers to localities that employ a justice model that involves members of the community at various levels (Luna-Firebaugh, 2003, p.51-66).... ...
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.
“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
Greg Mantle, F. D., & Dhami, M. K. (2005). Restorative justice and three individual theories of crime. Internet Journal of Criminology IJC , 1-36. Retrieved from http://www.restorativejustice.org/articlesdb/articles/5914
Restorative justice is an alternative community based program for juvenile offenders. Instead of sending juvenile offenders to jail or punishing them, they are taught
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...
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
...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.
McAlinden , A. (2011). Transforming justice: Challenges for restorative justice in an era of punishment-based corrections. Contemporary Justice Review, 14(4), 383-406.
The labelling theory became dominant within society during the 1940’s and 1950’s, when a group of graduate students from the Chicago school tried a different approach to applying theory to deviant behaviour. Within this group was a highly influential young man, Howard S.Becker who became the person most recognised for his work with the labelling of crime (Williams.F. McShaneM. 2010.p110). Becker argued that labels could be applied through the social reaction of others when a deviant or criminal act had been committed he stated that “Labelling is the process of identifying, categorising and stereotyping social categories such as delinquents” (Davies.M.et.al.2010.p30). When an individual becomes labelled a criminal, people do not consider all the praiseworthy things they may have done previously, they just see that they have committed some form of deviance and are now judged within societ...
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
The main focus of the essay will be the implications of labelling theory and how it affects individuals. It also will be focusing on the creation of particular categories of criminals when labelling theory is applied, in addition it will outline what labelling theory is, how it affects people and how it effects the creation of criminal categories. The purpose of this essay is to allow a better understanding of labelling theory and its implication on creating criminal categories.