‘Restorative justice empowers victims and challenges offenders.’ To what extent do you agree?
One of the key issues of our contemporary society is that we have to start to be aware that ‘the social relationship’ is one of the main elements of our lives. Society as a whole is a more complex structure, so we must cease to perceive life only in terms of the individual. However, most of our laws continue to believe that only the individual matter; this is seen most obviously in how the law treats interpersonal relationships that give rise to conflicts. An international effort was made to find alternatives to criminal punishment and incarceration as a means of rehabilitation of offenders. But the idea itself is not only to find as many and more effective alternatives to the deprivation of liberty, but to understand, forgive and support. Of these alternatives, ‘possibly the most influential development in “crime control” in the past decade'(Crawford and Newburn, 2003:38) is restorative justice. In restorative justice, also known as reparative justice, crime is not seen as a violation of the law , but as a product that harms people and the community. If the criminal justice system victims are often ignored, some authors even speak of a re- victimization of their victims, within restorative justice, victims are central. The first objective of the restorative justice process is to repair the damage caused to the victim and/or the community; offenders are treated in a manner more appropriate to their needs as restorative justice emphasizes on the rehabilitation of the offender and also on the compensation/repair that the offender can offer to the victim. At the same time, it emphasises on their social reintegration as both, a more humane ...
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To be mentioned is that restorative justice has its’ limitation and it is not suited for all kinds of crimes. Young (2002) claims that there are five reasons for which restorative justice is not suitable for corporate crimes: 1. it is based on the idea of individuals; 2. ‘healing’ is not applicable to corporations; 3. cannot be done if both parties are not individuals; 4. there is an imbalance of power; 5. who would represent the corporations?. Also, practices such as victim-offender mediation would not be appropriate to domestic violence cases mainly of the imbalance of power (Newburn, 2007) and as Braithwaite and Daly (1994:208) argue: “can we expect “communities of concern” to be any less sexist and misogynist than traditional justice system responses or state intervention?”.
There are a variety of crimes and there are a variety of crime control practices.
There are many views on crime and deviance and many theories to why they occur.
...sent in the justice system. Through comparison, Miakaelsen proves that healing must be a sector of concentration in justice, if society aims to retrograde the complications created by a crime. As a result of punishment being a fixation in justice, legislation is directly contributing to detriment of our society. By remaining focused on punishment, our governance is failing to erase the taint crime inflicts upon our nescient society. As citizens, we must manifest together to demonstrate our support for justice which focuses on restoration, rather than retribution. Otherwise, with solely punitive measures in place, this cycle of lawlessness will remain incessant. Is this reality of harsh discipline still acceptable if there is no obvious benefit from these methods?
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
A growing number of probation officers, judges, prosecutors as well as other juvenile professionals are advocating for a juvenile justice system which is greatly based on restorative justice. These groups of people have been frustrated by the policy uncertainty between retribution and treatment as well as unrealistic and unclear public expectations. As a primary mission, the balanced approach or policy allows juvenile justice systems together with its agencies to improve in their capacity of protecting the community and ensuring accountability of the system and the offenders . It enables the youths to become productive and competent citizens. This guiding philosophical framework for this policy is restorative justice as it promotes the maximum involvement of the community, victim, and the offender in the justice process. Restorative justice also presents a viable alternative to sanctions as well as interventions that are based on traditional or retributive treatment assumptions. In the policy proposal for restorative justice, the balanced approach mission assists juvenile justice system in becoming more responsive to the needs of the community, victims, and the offenders . Therefore, this paper considers how restorative justice reduces referrals of juveniles to criminal and juvenile justice systems and gives a proposal on the implementation of restorative justice in the community together with a number of recommendations. For instance, preliminary research reveals that application of restorative justice in schools significantly reduces school expulsions, suspensions, and referrals to the criminal justice systems. Restorative justice programs are an alternative for zero-tolerance policies for juveniles or youths .
...lacks, and men. Furthermore, the competing paradigms influence public policy. Those that maintain acts as voluntary are more inclined to punish the individual or group, however those that are seen to act under determined forces, judge treatment to be more suitable. Even though these theories contrast, they still contain similarities which are shared in the new penology. Aspects are taken from all to create a new perspective on crime that centres on the management of offenders.
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
As agents of justice and philanthropists of duty one must evaluate the criminal justice system and its approaches to the solution of crime to determine what is good, appropriate, and what will reduce recidivism. As a western society the United States has changed and adapted its judicial system in hopes of conforming to our changing society and the increase in criminal behavior. Through these adaptations emerged a system within criminal justice that changes the focus of rehabilitation of the offender to not only include imprisonment, but to include reconciliation with the victims and the community that the offender harmed. The restorative justice approach takes a look at the crime, the criminal, and the offended; with hopes for healing and justice
It aims to describe an arrangement of the major political and social institutions of a society such as the constitution, legal system, economy, family, and so on as being fair. Fairness is also at the core of restorative justice. Unlike the retributive system restorative justice is concerned with reforming. Not just the offender but the wrongdoing itself. As previously mentioned, the victim is not primary subject of the retributive system the law or state is. This is an unfair assurance of power by the state over the victim, to the point they where the victim may even feel re-victimized. The State assess what was lost, the state gets to talk at the trial, the victim rarely gets a chance to even see the offender before the trial. By keeping the participants of the trial apart the likelihood of proliferating long lasting resentment, and emotional trauma increases. Dining both parties closure and healing. Rawls believes the state should only be the facilitator of these communications between the parties not key participant in the
“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
The study found that within three years two thirds of those prisoners were rearrested. Punitive is inflicting or intended as punishment but this punishment should not be compared to or identified as punishment that occurs prior to disciplinary actions carried out by a parent. It can also describe the unpleasant result of an action on a large scale, like the punitive effects higher taxes will have on the middle class. This paper will focus in depth on the prejudices of the recidivism and punitive action against minorities. To begin to understand what is meant by recidivism and its complexities we have to first examine the components of crimes and there complex consequences. We cannot have a comprehensive explanation for the occurrence of prisionization and recidivism until we consider the crimes and persons involved. After they have served out their sentences, the treatment among criminals is a controversial subject which is then swayed by personal opinions of the appropriate treatment for the specific crime. The biggest complication here is providing an adequate amount of substantial evidence that proves a person has been reconvicted by their own faults, not based on the opportunities that society provides them
Agreeing on a definition of restorative justice has proved difficult. One definition is a theory of justice that focuses mostly on repairing the harm caused by criminal behaviour. The reparation is done through a cooperative process that includes all the stakeholders. Restorative justice can also be explained as an approach of justice that aims to satisfy the needs of the victims and offenders, as well as the entire community. The most broadly accepted definition for restorative justice, however, is a process whereby all the parties that have a stake in a specific offence collectively resolve on how to deal with the aftermath. This process is largely focused around reparation, reintegration and participation of victims. That is to say, it is a victim-centred approach to criminal justice, and it perceives crime differently than the adversarial system of justice.
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
Conscious efforts to critique existing approaches to questions of crime and justice, demystify concepts and issues that are laden with political and ideological baggage, situate debates about crime control within a socio-historical context, and facilitate the imagination and exploration of alternative ways of thinking and acting in relation to crime and justice. (p. 3).
The United States prison system is devoted to justice by hammering out retribution to those who violate the rules of the law. Though this is indeed the just and correct thing to do, crime should be and is followed by punishment, but what then? After serving their time, inmates are returned to the streets knowing only the torment of life. It seems the Scandinavian prison system has tried to change that, and has succeeded with the rehabilitation of inmates by putting rehabilitation over retribution, in order to directly address recidivism. By supporting the philosophy of ‘gentle justice’, the United States may not be able to remove crime entirely but it can definitely cut down on recidivism, and inmates who return to a life of crime. This investigation of the facets of prison life in the United States and Scandinavia is to show how the United States can give social stability by cutting down on crime rates, save money in the long run, and morally and ethically make a difference in the lives of troubled men and...
There’s too much pressure on the criminal justice system because it is supposed to solve socie-ty’s ills. One of the greatest challenges facing the criminal justice system is the need to balance the rights of the accused criminals against society interest in imposing punishments on those convicted of