Introduction 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. 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... ... middle of paper ... ...Oxford University Press, 2004. Siegel, Larry J. Introduction to criminal justice. Belmont, CA: Wadsworth, Cengage Learning, 2010. Siegel, Larry J. Criminology: the core. Belmont, CA: Wadsworth Publishing, 2011. Siegel, Larry J., and John L. Worrall. Essentials of criminal justice. Belmont, CA: Wadsworth, Cengage Learning, 2013. Strickland, Ruth Ann. Restorative justice. New York: Peter Lang, 2004. Walgrave, Lode. Restorative justice for juveniles: potentialities, risks and problms for research : a selection of papers presented at the international conference Leuven, May 12-14, 1997. Leuven: Leuven University Press, 1998. Wolhuter, Lorraine, Neil Olley, and David Denham. Victimology: victimisation and victims’ rights. London: Routledge-Cavendish, 2009. Zernova, Margarita. Restorative justice: ideals and realities. Aldershot, Hants, England: Ashgate Publishing, 2007.
Seigal, L. J., & Worrall, J. L. (2012). Introduction to criminal justice (13th ed.). Belmont, CA: Wadsworth.
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 .
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.
Schmalleger, Frank, Criminal Justice A Brief Introduction, Upper Saddle River, NJ, Pearson Education Inc. , 2010, Page 387
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
Focuses on harms and consequent needs (the victims’, as well as the communities’ and the offenders’).
Through a restorative justice analysis, there are ways to improve and restore the minds of the youth and to stir them into the right direction in life. In fact according to (Bently, 2015, p.26), “restorative justice doesn’t let the juvenile offender off the hook but helps the young person to understand and learn from mistakes, as well as giving him/her a stake in the community”. Now the restorative justice is not in any way or shape or form and is not intended to reward deviant behavior. Youth programs were created as a manifold to restore their better judgement and to become better productive members of society.
Choi, Green, and Gilbert (2011) studied the effects of the restorative justice approach on juveniles who committed crimes and were involved in a Victim-Offender Mediation program. The study evaluated juvenile’s involved in the restorative justice program. By observing each juveniles experience throughout the restorative justice program, Choi, Green, and Gilbert (2011) were able to identify the main factors of the program that helped transform the lives of juvenile offenders. Choi, Green, and Gilbert Hypothesized that the restorative justice program will help reduce the recidivism rate for young offenders, and “effectively address the harm caused by the offense” (Choi et al. 2011, p.336). The theraputic program will help reduce the recidivism
“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 code offered more for victims as each criminal justice agency had to declare their services for victims. This comprised of the eligibility for compensation, information regarding the status of the case and furthermore having legal support via a Victim Personal Statement explain the impacts of the crime in court (Victim support, 2004). The year 2004 triggered of major transformation with the Strategic Plan for Criminal Justice and cemented the role of the victims at the centre of the criminal justice system. This reassuring role of the government is set to remain after the publication of `Getting it Right for Victims and Witnesses` in 2012. The reform included resources and support for victims and meeting the needs of several communities across the United Kingdom (Great Britain: Ministry of Justice, 2012). The advancement of society in conjunction with government changes has not only raised victim issues but over the years vitally implemented these
Today, circles are heavily used in aboriginal communities in Canada and by Native American people through Navajo Peacemaking Courts. Victims receive self-validation from circles, while offenders are afforded the opportunity to “explore options on how they will make reparations and how they can reintegrate into society.” Oftentimes, circles involve the community in the decision making process, as a main principle of restorative justice is the “empowerment of the community to be involved in deciding what is to be done in the particular case and to address underlying problems that may have led to the crime.” In addition, circles are value and moral driven, thriving on the values of “respect, honesty, listening, truth, sharing, and others.” Like the other restorative justice processes, participation in circles is voluntary and the offender must be willing to accept guilt and agree to engage in meaningful and genuine participation in the circle. The traditional process for circles, which is generally used as a replacement for a traditional trial, includes 1) the offender submitting an application for the process, 2) the victim engaging in a private healing circle, 3) the offender engaging in a private healing circle, 4) all-inclusive
Journal of Contemporary Criminal Justice, 27, 343-360. http://ccj.sagepub.com.libaccess.lib.mcmaster.ca/content/27/3/342
To illustrate, diverting cases out of the correctional system and taking a community based approach, such as restorative justice, would save a significant financial cost. For example, community based sentencing can cost between $600-$7,000 per year, while the cost of incarcerating a youth, for one year, is upwards of $126,000 (Minaker & Hogeveen, 2009:255). Thus, restorative justice deviates from a traditional forms of punishment. Restorative justice practices allow the crime committed to remains between the victim and offender – the focus shifts from disintegration to reintegration. In contrast, traditional uses of the correctional justice system allow the crime to be between the accused and the state, resulting in minimal benefits for the communities and victims (Minaker & Hogeveen, 2009:255). Minaker & Hogeveen (2009) illustrate that restorative justice moves away from the contradictory model of punishing an offender for their act and continuously supporting them to an approach that expands victim’s rights and produces
Throughout this paper, the aim has been to explain the importance and application of restorative justice, whose goals are restitution and reintegration of the offender back into society. As Fish establishes, there has always been an underlying aim of retribution since biblical times, yet we have not seen the fruits of the seeds that were sown in those times. It is suggested that a greater commitment of reintegration with respect to released prisoners into the community is also important. Alternatively, there should be a greater hospitable approach taken once they have completed their sentences and face the challenges of re-entering and managing the adjustment back into society. That is people with the discipline of forgiveness, a community who can bring down existing
Burchell claims that “restorative justice processes […] are gaining support in South Africa” suggests that restorative justice may be the viable new approach that is sought after to deal with the mounting pressure on the criminal justice system. The veracity of this claim will be evaluated in this research assignment, through a discussion of the definition and advantages of restorative justice. Subsequently, the courts’ application of restorative justice in various cases will be closely examined in order to provide evidence that the restorative justice processes are widely supported by the court. Finally, the integration of provisions for restorative justice processes into legislation and enabling policies will be discussed.