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Theories in restorative justice
Restoring Justice in Practice
Theories in restorative justice
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Introduction
In a society filled with crime, violence, and corruption prisons are overflowing and imprisonment often creates more hardened criminals, rather than creating rehabilitated persons. South Africa needs to adopt a less putative approach to the punishment of crimes, and restorative justice can either help achieve this or only worsen matters. In this essay I will evaluate this punishment theory with regard to case law, legislation and various implementations relating to the matter. In evaluating these, I will develop my own opinion on restorative justice and its efficacy in a South African context.
Restorative justice: background and history
The main aim of restorative justice is to involve the perpetrator, the victim and the community in the process of punishing the perpetrator in a less putative manner, and restoring the perpetrator, the victim and the community to its previous state. In the traditional South African context it is believed that evildoers must be restored to the community, rather than be punished. Hence, restorative justice stems from Ubuntu – “…the humanity of others is inextricably linked with their own humanity. Key social values of Ubuntu include group solidarity, conformity, compassion, [and] respect for human dignity, humanistic orientation and collective unity.” Restorative justice is rooted in victim-offender mediation (VOM) which began in developed countries during the 1970s, but only gained popularity in South Africa from 1992. The first initiative of VOM was facilitated by the National Institute for Crime Prevention and Reintegration of Offenders (NICRO), a non-profit organisation involved in programmes focussed on crime prevention and reintegration of offenders after their release from priso...
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It is the belief of first nations that the healing process and renewal of relationships are the essential ingredients for the building of healthy First Nations communities. First nations realize that the current justice process does not address the real issues at hand nor does it fit into their traditional forms of achieving justice. In fact, the current justice process systematically removes the offenders from their people and communities effectively severing all ties and ...
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
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.
We must use measures and tactics that will prevent or deter others from engaging in recalcitrant behavior and when encountered with individuals who do behave in an unruly manner we must use our judicial powers to ethically punish and reduce the incidence for repetition. Sherman, Strang, Mayo-Wilson, Woods, and Ariel (2015) evaluate restorative justice practices and more aptly the restorative justice conference (RJC), which is a face-to face meeting between offender, offended, a facilitator, and effected community members to determine the recourse the offender will take to right his or her wrongs. A very similar and widely used approach in Canada is sentencing circles (Chatterjee & Elliott, 2003). Sentencing circles require court officials, the offender, the offended, and other members of the community to sit in a circle at a neutral location and provide input as to what the offender’s sentence should be. Both options practice restorative justice however in 1995 the restorative justice practice that the Royal Canadian Mounted Police (RCMP) chose to
Enforcing death penalty in itself deters people from getting suitable opportunity to ensure that rehabilitation is enhanced. It is necessary to note that many individuals who have been charged with capital punishment have been emotionally and psychologically unstable. Enforcing the death penalty therefore denies them room for rehabilitation. There is a need to advance towards rehabilitation as opposed to advocating for execution. If individuals know that upon committing a capital offence they will be sentenced to death, they will hardly consider reform programs. It is also crucial to note that there is no concrete evidence on advantages derived from the death penalty. The truth is that it only aids in perpetuating death and chains of violence. Prisons should serve as centers to rehabilitate violent fellows, and then return them to the community as fully reformed and responsible individuals. It is therefore not justifiable that a death penalty should be enforced to them at all
Focuses on harms and consequent needs (the victims’, as well as the communities’ and the offenders’).
The Criminal Justice system was established to achieve justice. Incarceration and rehabilitation are two operations our government practices to achieve justice over criminal behavior. Incarceration is the punishment for infraction of the law and in result being confined in prison. It is more popular than rehabilitation because it associates with a desire for retribution. However, retribution is different than punishment. Rehabilitation, on the other hand is the act of restoring the destruction caused by a crime rather than simply punishing offenders. This may be the least popular out of the two and seen as “soft on crime” however it is the only way to heal ruptured communities and obtain justice instead of punishing and dispatching criminals
The criminal justice system is always criticized for a range of issues concerning the injustices that has taken place throughout history and even today. Many political leaders and social activists have sought to reform the criminal justice system; however, some have realized that there are systematic barriers that inhibit reformation. Political ...
Society has long since operated on a system of reward and punishment. That is, when good deeds are done or a person behaves in a desired way they SP are rewarded, or conversely punished when behaviour does not meet the societal norms. Those who defy these norms and commit crime are often punished by organized governmental justice systems through the use of penitentiaries, where prisoners carry out their sentences. The main goals of sentencing include deterrence, safety of the public, retribution, rehabilitation, punishment and respect for the law (Government of Canada, 2013). However, the type of justice system in place within a state or country greatly influences the aims and mandates of prisons and in turn targets different aspects of sentencing goals. Justice systems commonly focus on either rehabilitative or retributive measures.
Since the beginning there has been many crimes that have had severe consequences. These crimes are crimes such as rapes, genocide, murder, and aggravated assaults (CITE). The Restorative justice system tries to help individuals that have committed some of these crimes. Some of the Restorative justice system founders are John Braithwaite, Howard Zehr, and Mark Umbret .The Restorative justice system emerged in 1970 (CITE). The Restorative justice system is a response to crime and wrongdoing that emphasizes the repairing of the harm that was created, recognizes the importance of victim, offender, and community involvement, and promote positive future behavior (CITE). Restorative justice is a response to what was considered to be an overly harsh
In prisons today, rehabilitation, deterrence, incapacitation, and retribution are all elements that provide a justice to society. Prisons effectively do their part in seeing that one if not more of these elements are met and successfully done. If it were not for these elements, than what would a prison be good for? It is highly debated upon whether or not these elements are done properly. It is a fact that these are and a fact that throughout the remainder of time these will be a successful part of prison life.
Pros of the restorative justice system are that it brings parties together in crime. Instead of a short term goal, the restorative justice system takes a long-term approach to reducing crime and violence using different kinds of methods. In restorative justice programs, offenders work with others affected by their criminal actions. Restorative justice promotes instilling positive behaviors in young criminals and teaching long-lasting changes in behavior to prevent future crimes. There also could be negative consequences from the restorative justice system. For restorative justice to work, criminals and their victims must communicate about the crime and its consequences. Since violent crimes often leave victims feeling helpless and vulnerable, encouraging communication can result in increased anxiety and fear. Additionally, communication might breach confidentiality for victims of violent crimes, such as rape and assault, because they must discuss the outcome of the crime and how it has impacted
This essay has identified sanctions imposed on offenders including imprisonment and community corrections. Described how punishment is justified with the just desert and deterrence theory. Discussing the rate of individuals being imprison comparted to community, provided rates for assault which shows crime being maintained and community member feel safe enough to allow for this to
While other countries use different methods of incarceration-deterrence, incapacitation, and retribution-the United States uses the prison system of rehabilitation. This system of rehabilitation treats every prisoner as an equal that is meant to get the exact...
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