High rates of recidivism demonstrate that the judicial system has been unsuccessful in determining criminal activity. Alternatives to incarceration known as restorative justice has existed for centuries, yet has only been recently implicated into the Canadian judicial system. The practices of restorative justice have been proven very successful for minor offences among adults and youth in bringing together the offenders, victims, and the community. However, acts of violence and serious offences committed by youths have no place in these resolutions. The act of violence is traumatizing to the victim. There is a high chance of re-conviction of a violent offence and these types of offences are too complicated to be resolved outside of the judicial system.
The Purpose of Restorative Justice Methods
The restorative justice is a new development of crime control. The ideal method behind the restorative justice philosophy is that criminal behaviour is able to be reduced by decreasing the expected utility of criminal activity (Goff 2011, p. 86). Restorative justice is created in the interest of the victim, the public, and the community. The offender is to be made aware of their moral wrong doing and have it be known that their actions will no longer be tolerated. The method of deterrence is not from legal sanctions, but rather from the negative consequences. The criminal behaviour is highlighted as a despicable act and thus, the offender is then shamed. Another purpose of the restorative justice procedures is to off the victim with the opportunity to heal and take part in the systems. Community members can add a humanistic element to the justice system and provides off...
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The methods of restorative justice have acted as a mediator tool which brings together the offender, victims and community. The offender gains a moral conscious of their wrong doing and understands the impact on the victim, although this provides the victim with the opportunity to confront the offender and resolve the wrong doings. While the methods of restorative justice have been successful in resolving minor offences, more serious offences such as violence committed by youth has no place in being disputed outside of the judicial system. The repercussions of violence on the victim have been proven long-lasting and the victim is unlikely to participate in the mediation. The chances of re-offending are very high for those who commit acts of violence, and the offence of violence is too complex for the community to settle these disputes.
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