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Theory of restorative justice
Theory of restorative justice
Theory of restorative justice
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Justice Justice is defined as the maintenance or administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishments. In the case of upholding the law, punishment is the usual assignment. The purposes of punishment include retribution, deterrence, rehabilitation, incapacitation, and restoration. Although, punishment concepts such as retribution, deterrence, and incapacitation have been around for a while, the concepts of rehabilitation and restoration are fairly new.
Restorative Justice
Most contemporary justice systems focus on a violation of the law(s), a offender, and a punishment for which to dole out. However, a concept called “restorative justice” is an approach
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This approach is based around three concepts: that when crime occurs, the focus is on the damage that has been done to people and relationships, when harm has been done, it creates obligations and liabilities and the way forward involves transgressors, victims and the community in efforts to reconcile the damage and put things right. However, “the methods are mostly applied in less serious crimes, like property offenses in which the wrong can be righted — stolen property returned, vandalized material replaced. The processes are designed to be flexible enough to handle violent crime like assault, but they are rarely used in those situations. And no one I spoke to had ever heard of restorative justice applied for anything as serious as murder” (Tullis, 2013). Although, against the odds, the case of Conor McBride, who on March 28, 2010 in Tallahassee, FL, shot and killed his girlfriend of three years, Ann Grosmaire, was the first case to use restorative justice in Florida. Instead of being hostile and hating McBride and his family, Ann’s mother and father decided to forgive McBride for their sake and …show more content…
In 2011, Julie McBride, Conor’s mother, contacted Baliga who proceeded to tell her why restorative justice wouldn’t work for her son’s case since it was a homicide. Although, in the end Baliga was convinced by both families and decided to help. Baliga then set up a restorative-justice community conference, in which all parties — the offender, victim, facilitator and law enforcement — come together. Each person speaks, one at a time and without interruption, about the crime and its effects, and the participants come to a consensus about how to repair the harm done, for June of 2011. On the date of the conference, the McBride’s, the Grosmaire’s, who set up a chair with Ann’s belongings to represent her, Baliga, the lawyers, a victims’ advocate and the Grosmaire’s priest would all be in attendance. After hearing everyone’s thoughts on the subject and how the crime has affected them everyone in the meeting came to the census of 10-15 years in prison. However, the final verdict for McBride’s sentence was 20 years in prison with 10
According to Graham, reconciliation is both “… a goal in the sense that it aims to restore relationships or to promote agonism or mutual tolerance, respect, and dignity […] [And] it is a process because it requires multiple modes, steps, stages, and transformations across all levels of society and amongst all stakeholders in a conflict” (Graham 2015). Through reconciliation and the related processes of restorative justice, parties to the dispute explore and overcome the pain brought on by the conflict and find ways to build trust and live cooperatively with each other. Restorative justice seeks to have a positive impact on offenders by confronting them with the consequences of their actions and delineating their responsibilities, giving them both the opportunity to repair the damage caused to the victim and to work on finding a solution to their problems (Umbreit, Bradshaw and Coates, 1999). According to Philpott, there are six components of political reconciliation: building socially just institutions and relations between states, acknowledgement, reparations, punishment, apology, and forgiveness (Philpott
Umbreit, M. & Bradshaw, W. & Coates, R. (1994) Victims of severe violence meet the offender: restorative justice through dialogue. International Review of Victimology, 6, p321-344.
Restoration Restorative justice is based on bringing together the victim, the offender, and the community; all have equal parts in repairing the relationships destroyed by
Instead of focusing on crime prevention, restoration focuses on repairing the harm done to the victim and the community. Along with restoring property and personal injuries, restoration is meant to bring back some kind of security. Legislators and victims want to know that justice has been done. Van Ness and Strong (1997: 8-9) suggested three core principles for the nature of restorative justice. First, Justice requires the healing of victims, offenders, and communities injured by the crime. Also, they should be permitted to stay involved in the justice process in a timely manner. Lastly, the government should be responsible for preserving a just order and the community should be responsible for establishing peace. The victims family in a murder case can have a since of relief when the offender is sentenced to the death penalty. They can know that justice has been done and will have a sense of security knowing the offender cannot harm anyone else again. The family can now mourn over there loss more
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.
Rehabilitation, retribution, and restoration are seen as the three tenets of justice in Canada. Rehabilitation seeks to help the offender reintegrate into society, restoration focuses on the needs of the victim, and retribution solely looks to punish the offender. Regarding the incarceration system, it is crucial to acknowledge that cruel and unusual punishments doled out through retribution only hold society back from progressing and bettering itself.
“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
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.
Therefore, there is a growing need to progress towards the restorative justice (RJ) system. According to RJ perspective, a crime is considered a conflict between individuals that results in harm to victims, communities, and offenders, and so these parties are also involved in responding to it. One of the prevalent programs of the RJ system is the victim-offender mediation (VOM) program. The VOM program is a process which provides interested victims an opportunity to meet the offender, in a safe and structured setting, with the goal of holding the offender directly accountable for their behaviour while providing assistance and compensation to the victims; mediators do not impose settlements. Over the years, the VOM program has proved to be beneficial to both, the victim and the offender.
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...
News media usually concentrates its broadcasts on failures and dissatisfaction involved in cases and the criminal justice system. It creates misconception on the legal personnel and justice system. As a consequence of frustration towards the traditional perspective, the use of restorative justice is a new method to explore. For example, Leibel (2017) encourages restorative programs for young offenders. The news article outlines a program that will be launched in Kitimat, British Columbia aimed at young offenders involved in less serious crimes (Leibel, 20117, p. 1).
The concept of restorative justice was heavily shaped by the work of John Braithwaite (1989) who in turn was inspired by indigenous practices in New Zealand and Australia, whereby the significance of family value...
Restorative justice is a mechanism that focusses on rehabilitation of an offender through reconciliation of individuals harmed by a crime. Restorative justice has proven to be successful because Natalie DeFreitas claimed that 70% of people incarcerated reoffend after one year of being released from prison, and only 15% reoffend after restorative justice (DeFreitas, 2012). However, restorative justice is not an effective means of handling gendered violence cases. Barbara Hudson claims that “gendered violence offences are so serious and so frequent that the most robust form of justice available should be used against them” (Hudson, 2002, p.622). Gendered violence is considered non-discrete because victims continuously suffer from sexual, domestic
Restorative Justice Used in Public Schools In 1977, a psychologist by the name of Albert Eglash first coined the word restorative justice while working with incarcerated people. He believed that it was a way to focus on the needs of the victims and the offenders as well as getting involved in the community. Restorative justice is a peaceful approach to addressing harm, violations of legal and human rights, and problem solving. Although restorative justice has been the main focus point in Schools in the U.S., it is also used in the juvenile system and in schools outside of the U.S. Schools across the country have adopted multiple approaches under the restorative justice umbrella to transition away from their traditional punishment
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