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advantage and disadvantage of restorative and retributive justice
rehabilitation vs. recidivism
sentencing models in corrections-retribution
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When considering studies in corrections on a global scale it is important to understand how to utilize the most applicable method to gather knowledge. Comparative studies are often used to explore methods for explicating or developing knowledge and attitudes. Comparative research examines cases with the intention to reveal the structure and invariance or unchanging relationship for an entire group or population. In this case, and for the purpose of this paper, the comparative research is suggested to be used in corrections on a global scale. Several problems arise when using comparative research studies on a global scale. Some of these issues are cross-cultural research between countries, selecting a compatible research design whether qualitative or quantitative and knowing that the research applied is rigorous enough to produce credible results.
If we are to understand the global implication of restorative justice, it is important to lay a philosophical definition. A criminal justice or corrections system that utilizes the restorative justice method emphasizes a need to repair or mend the harm that is done to crime victims. This process empowers the victim through processes of mediation and negotiation. Restorative justice is not a new theory within many cultures. The United States justice system however engages two types of criminological theories that deal directly with crime different from that of restorative justice. (1)The retribution model, which emphasizes the deterrence of crime through punishment; (2) the rehabilitation model, which engages society to assist in changing how criminals think and behave. (Weitekamp & Hans-Jurgen, 2003), (Restorative Justice, 2006)
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Jabari, D. (2011, May 14). Iran Postpones Acid Blinding Punishment. Retrieved from Aljazeera News: http://www.aljazeera.com/news/middleeast/2011/05/201151484341703853.html
Karimi, N. (2011, July 31). Ameneh Bahrami, Iranian Woman Blinded By Acid, Pardons Her Attacker. Retrieved from Huff Post World News: http://www.huffingtonpost.com/2011/07/31/ameneh-bahrami-iranian-woman-blinded-acid-pardons_n_914333.html
Mpuru, N., & Dlula, S. V. (2003). Enhancement of Community-Based Alternatives to Incarceration. Retrieved from Restorative Justice: http://www.restorativejustice.org/articlesdb/articles/4357
Restorative Justice. (2006). Retrieved from Farlex Dictionary: http://legal-dictionary.thefreedictionary.com/restorative+justice
Weitekamp, E., & Hans-Jurgen, K. (2003). Restorative Justice: Theoretical Foundations. Devon: Willan .
Roach, K. (2000). Changing punishment at the turn of the century: Restorative justice on the rise. Canadian Journal of Criminology. 42, (2), 249-280.
For some women wearing a veil is not something that is forced on them but rather a choice of their own. Martha Nussbaum and Maysan Haydar are both authors that try to explain their reasoning that veiling isn't an oppressive tool used against women. Martha Nussbaum's article “Veiled Threats”, is a political and philosophical take on why banning the burqa is a violation of human rights. On the other hand Maysan Haydar’s article “Don’t Judge a Muslim Girl by Her Covering”, is a more humorous and personal take on why veiling shouldn't be as judged or stereotyped. Though Nussbaum and Haydar have equal goals this essay is being used to understand the main argument, claims and whether or not each article has any weaknesses.
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.
Andoni, Lamis. "Iran's new activists seek life for women beyond the veil. (cover story)." Christian
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
The purpose of this paper is to examine the processes of both Restorative and Retributive justice through the case of Sara Kruzan vs. The State of California. First we will establish the principle philosophers associated with each type of justice and those system's theoretical applications in our criminal justice system. Then we will apply both systems to Sara Kruzan's trail and determine the publishable outcomes. Finally we will review Sara's Life after her trial and speculate on what system would have produced a more just outcome.
Walker, Martin. "The Revenge of the Shia." JSTOR. JSTOR, Sept.-Oct. 2006. Web. 30 Nov. 2013. .
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
“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.
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.
The religion of Islam was imposed upon Iranians, whether they liked it or not. Marjane and her classmates “...didn’t like to wear the veil, especially since we didn’t understand why we had to”(Satrapi 3). The young girls were against wearing the veil because they were not practicing
Tariq Ramadan. April 02, 2005. Calls for a Moratorium on Stoning in the Islamic World,
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