Circle Justice was developed in the 1980s and is use to help bring healing and understanding to the victim or the offender. Circle Justice is used mostly by the Yukon, Saskatchewan, and the Manitoba but the Navajo also used circles like in Canada. Reasons why I think the circles are bad, I think they are bad because: there is no council and people make the laws not officials, people with really bad crimes get out of
Circles were found by the Native American cultures of the United States and Canada. These circles are used for many purposes. In the 1980s, the criminal justice system adapted and developed as the people of a first nation. Local justice officials had attempted to start building closer ties with the community and formal justice system. Going into 1991, Judge Barry introduced the “sentencing circle.” The sentencing circle means that the justice process will be shared with the community. The best-known sentencing circles were called the “Hollow Water First Nations Community Holistic Healing Circle.” The members of the community would gather around to deal with a high level of alcoholism. These circles represented a safe zone. Many had begun to
Touching Spirit Bear is a prodigious book that teaches you a lot of lessons while also giving you the enjoyment that any good book gives you while you read it. This book starts off with a juvenile delinquent by the name of Cole Matthews. In the book, Cole smashes the skull of another kid named Peter Driscoll against a sidewalk and is about to go to trial when two guys at his detention center, Garvey and Edwin, get him interested in a Native American system of healing called Circle Justice.
It involves all of the participants including the judge, defense lawyer, prosecutor, police, victim and family, offender and family, and also the community citizens sitting and facing each other in a circle. The discussions in the circle are intended to reach an agreement on the desirable dispose of the case. The process takes in account the need to protect the community, as well as the punishment and rehabilitation of the offender. Circle sentencing is generally only available to those who plead guilty. Offenders may be sent for a period of incarceration, but other sanctions are available. These include house arrest, banishment, and community service. Circle sentencing has the potential to reacquaint individuals, families and communities with problem solving skills, rebuild relationships, promote awareness and respect, coordinate use of government resources, use and create healing resources, address needs of all parties, and focus on
Circle sentencing is a scheme that was first implemented in the legal system of NSW to prevent gaol time for Aboriginal offenders. This scheme involves a circle of representatives deciding the sentence of an offender which does not involve a jail term. The representatives are normally made up of
Judge Barry Stuart, a non-Aboriginal, created sentencing circles which derive from the governance practices of the First Nations. In the sentencing circles the community decisions are made collectively by the elders and the other members of the community who contribute to the debate in order to come up with an amicable decision. The use of sentencing circles helps to reduce the culture clash between Aboriginal peoples and the Western world that they live in. It would take a great deal of time to completely rid the criminal justice system of systemic racism that leads to the mass incarceration of Aboriginal peoples, but sentencing circles would be step in the right
Aboriginal circle sentencing in New South Wales (NSW) is a form of restorative justice and was introduced largely to deal with the over representation and incarceration of indigenous people in the criminal justice system. Government programs thus far do not seem to have made a significant impact in addressing this problem. Circle sentencing was first introduced in NSW in Nowra in 2002 and was primarily based on the Canadian model of restorative justice. Research conducted on the effectiveness of circle sentencing in NSW is difficult to decipher due to the different research methods used and the way effectiveness is tested, however circle sentencing has been shown to have some success in the indigenous community. The implications of these findings
Have you ever read Touching Spirit Bear? Well, I have My class and I have read this book as a big group. In the next 3 paragraphs I will tell you 3 reasons what I know about if we should practice the Circle Of Justice.
Finally, we should continuously circle again and again. Every time a circle sentencing does not work, people should keep having circle sentencing because it shows accountability to the community, in which we show a place where behavior has consequences of social and emotional proportions. If the behavior of bullying has paid off, it is likely a person would increase their behavior to get those outcomes and it may also show that the person who continues the harm, has a real skill issue, and needs more support in developing the skill. It can be viewed that conflict is an opportunity, and Circle sentencing takes and makes the best of opportunities for growth and healing. In Circle sentencing, you have all the parties in attendance and you
Alternative methods of sentencing are primarily aimed at rehabilitation, so that the offender can avoid further contact with the criminal justice system. This is an effective feature of the justice system as it allows an opportunity for the offender to show remorse and make amends and bring satisfaction upon the victims’ and society as it allows an opportunity for the victim to describe the impact of the offender’s actions on their lives. This is clearly evident in the article Circle sentencing ‘helping to keep our mob out of jail’ by Karina Marlow, which involves an alternative court for sentencing adult indigenous offenders, based on customary law and traditional forms of indigenous dispute resolution. The article affirms the effectiveness
The Canadian criminal justice system is often represented by the balanced scales of justice. These scales symbolize the need for the law to be viewed objectively in order to ensure a fair determination of innocence. Ideally, the criminal justice system should incorporate the values of the scales of justice to control crime and impose penalties on those who violate the law (Jordan, 2014). When dealing with crime, this system mainly uses methods of retributive justice in order to achieve its goals. However, despite justice being supposedly impartial, there is an overwhelming amount of injustice in all stages of the criminal justice process, from the charging of the individuals in court to their sentence in prison (Jordan, 2014). To combat this
This week we are asked to compare and contrast the justice system of a foreign country with that of the United States. That being said I have chosen a country I believe to be similar without doing any research prior. I am looking forward to see if my initial thoughts are true or if my research shows there to be a difference. We are asked to compare the two countries using 3 of the following five topics:
To live in a place, where equality, peace, security and dignity are guaranteed is a good fortune to those who found a just society. Though it is not an easy task to establish a just society, but it is not an impossible idea. A just society requires a society of law abiding citizens who work together for the betterment of the society, where laws are human rights informed and social policies are effective.
Over the decades, the concept of justice has been continually evolving. This is occurring based upon different moral or legal interpretations. Evidence of this can be seen with observations from Burke (2011) who said, "Few things are of more importance to a society than its concept of justice. This is because it is justice that provides criterion for the legitimate use of force. In the name of justice people are detained, arrested, handcuffed, put on trial and punished. This concept is used to provide every society with some kind of social order. Over the last 200 years, a revolution has taken place with these principles. Our idea of it is what we employ, when dealing with ordinary individuals in daily life including: making agreements, paying bills, resolving disputes and putting criminals in jail. This is a concept that is as old as recorded history and it is familiar to people everywhere. What makes it so unique is that these ideas are constantly changing which focuses on society as a whole and how people are interacting with each other. " (Burke)
In The Republic, the great philosopher Plato attempts to reveal through the character and dialogues of Socrates that justice is better when it is the good for which men must strive for, regardless of whether they could be unjust and still be rewarded. His method is to use dialectic, the asking and answering of questions. This method leads the audience from one point to another, supposedly with indisputable logic by obtaining agreement to each point before going on to the next, therefore, building an argument.