Victims' Rights and Restorative Justice Essay

Victims' Rights and Restorative Justice Essay

Length: 3099 words (8.9 double-spaced pages)

Rating: Research Papers

Open Document

Essay Preview

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.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Restorative Justice And The Justice System Essay

- Background 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....   [tags: Dispute resolution, Mediation, Crime, Criminology]

Research Papers
1618 words (4.6 pages)

Restorative Justice Policy Toward Punishing Offenders Essay

- According to Champion the 3 factors that indicate changing criminal justice policy toward punishing offenders are: (1) decrease in crime, (2) changing public attitudes, and (3) fiscal pressures (2007). Due to these changes restorative or reparative justice has become more popular, particularly in case of property crimes. Restorative justice can be defined as, “A philosophical framework and a series of programs for the criminal justice system that emphasize the need to repair the harm done to crime victims through a process of negotiation, mediation, victim empowerment, and reparation (West’s Encyclopedia of American Law, 2008)....   [tags: Crime, Criminal justice, Criminology]

Research Papers
829 words (2.4 pages)

Restorative Justice: Comparative Studies Essay

- 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....   [tags: corrections, incarceration]

Research Papers
941 words (2.7 pages)

Restorative Justice: Aboriginal Peoples and the Justice System Essay

- 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....   [tags: criminal behavior, corrections in Canada]

Research Papers
1331 words (3.8 pages)

Retribution and Restoration Justice Essay

- Why restoration justice is as futile as restitution justice. Concerns about the ineffectiveness of traditional criminal justice systems have perpetrated new approaches to criminal justice. Such new approaches to transitional justice or restorative justice like truth commission, trails, reparation, and lustration or vetting. But the apprehension of restorative justice and retributive justice bring to light the argument and made clear that each is not as impeccable or a straightforward answer to justice for all legitimate victims....   [tags: Criminal Justice, Rights]

Research Papers
1448 words (4.1 pages)

Restorative Justice is a Theory Based on Repentance, Reconciliation, and Forgiveness

- ... A servant does not believe until he/she loves for others what he/she loves for himself/herself.” The Medina Charter too, as evidence of the Prophet’s preference for reconciliatory measures lays out that achieving justice through communal action based on law, not military action is favored. Under Islam, different categories of crimes indicate different levels of infringed rights; God’s rights (public), or individual rights (private). Various levels of judicial discretion in implementing punishments accompany these crimes and punishments present a range of punitive, compensatory and reconciliatory measures from which to choose....   [tags: islam, peace, social harmony]

Research Papers
755 words (2.2 pages)

Restorative Justice Gaining Support in South Africa Essay

- 1 Introduction Punishment is central to any legal proceeding where the accused is found guilty. It falls directly under criminal law and is determined by punishment theories. Whether South Africa is moving towards restorative justice approaches influences many aspects: it allows protection of society and results in more crime-free life for the offender. Consequently, it gives offenders the chance to learn from their experiences, gain insight into their behaviour and allows victims to handle their injustice....   [tags: punishment theories]

Research Papers
1239 words (3.5 pages)

Community Group Conferences ( Cgc ) And Victim Offender Meditation ( Vom )

- Like the youth process provided above, similar processes have been applied to adult offenders. Community group conferences (CGC) and victim offender meditation (VOM) are amongst the most common. In the context of this essay these two processes will be referred to use in adult situations, however almost all RJ processes are not restricted by age. The RJ processes for adults have been influenced largely by two distinct acts, the Sentencing act 2002 and the Victims rights act 2002, both with sections referring specifically to RJ practice....   [tags: Crime, Criminal justice, Restorative justice]

Research Papers
1150 words (3.3 pages)

Essay about Reconciliation Through Truth For South Africa

- Reconciliation through truth seeking in South Africa In contrast to amnesia, restorative justice aims to restore social relations, to promote peaceful coexistence and to reconcile the conflicting parties (Pascoe 2007: 97). They are often directly associated with truth and reconciliation commissions (TRC) in one form or another - an institution made popular in the 1990s when South Africa set up the first of its kind and as such making it the model for all the ones to follow. Historically TRCs have been seen as “second-best” alternatives, located somewhere between the impossibility of retributive justice prohibited by the complex nature of the transitional governments and the growing demand fo...   [tags: Human rights, South Africa, Restorative justice]

Research Papers
1667 words (4.8 pages)

Essay on The Victim Offender Mediation And Restorative Justice

- The Victim Offender Mediation Association was developed out of the informal network of practitioners, researchers, and theorists in victim-offender mediation and restorative justice in the early 1980’s. It was originally called the U.S. Association for Victim-Offender Mediation and became VOMA in 1997. Being an international organization there are currently 350 members and 30 agency members in the 40 states and 7 countries. Victim-offender mediation programs around the world have increased to more than 1200 since 1990....   [tags: Restorative justice, Victim, Criminal justice]

Research Papers
905 words (2.6 pages)