Restorative Justice, according to Google, is a system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community at large. It does not have a place in our society for several reasons. It is ineffective because it doesn’t punish people, doesn’t change them, and makes the situation even worse in most cases.
Rooted in our civilization, restorative justice was once viewed as a sin against a sovereign society of a King, Queen, or Emperor. Albert Eglash (1975) first articulated restorative justice over retributive and rehabilitative justice, an indeed search for the original status of security of the victim’s feelings. Restorative Justice, a more victim-centered aspect of punishment than the offender, however, the victim should consider, what it is that restorative justice will restore to its original state of security, and would it be enough justice that the victim seeks.
The speaker argues that the criminal justice system in America treats you better if you're rich and guilty than if you're poor and innocent. Do you agree? Why or why not?
Courts are established social, political, and judicial institutions necessary for the manifestation of justice and the maintenance of law and order. The courts are part of the judicial branch of government, as outlined in Article III of the United States Constitution. Courts are the arenas in which the law is tried and applied. Judges are the presiding officers of the court. The United States Supreme Court is the most fundamental court because has "the authority to decide the constitutionality of federal laws and resolve other disputes over them," (United States Courts, 2012). This is true even though even though the court does not expressly enforce that law; enforcement is the province of the executive branch.
Restorative justice is a style of discipline found within the criminal justice system that focuses on the rehabilitation of juvenile and adult offenders through reconciliation with victims and society at large (Richards 2009). Practices and programs that reflect restorative purposes will respond to crime by identifying harm and pain caused, taking steps to mitigate damage, and finally repairing the harm caused. Restorative justice encompasses all
Restorative justice is a system of criminal justice that emphasizes the rehabilitation of offenders through mending ties with the victims and the community. A better explanation of restorative justice is a theory of justice that emphasizes repairing the harm caused by criminal behavior. It is best accomplished through cooperative processes that include everyone involved. This can lead to transformation of people, relationships and communities.
Indeed, despite restorative justice, the traditional criminal justice system for the most part, will remain unchanged for a number of reasons. First, the restorative justice process is too complex. It is not as simple as bringing together the prosecutor and defense attorney to discuss a plea; but rather involves a number of parties, as mentioned above, who may or may not trust each other, let alone want to have intense and personal conversations with them. Even in as case such as the Ann Grosmaire, it took substantial time and effort. If restorative justice was extended to all cases, there would not be enough time to do anything else. Second, the American public, at this time, is not prepared to accept an across-the-board availability of restorative justice to offenders. As was made clear in the Ann Grosmaire case, many Americans have a tendency to support “tough on crime” policies necessarily means that restorative justice will not become a common option in criminal cases (Beale, 2003). However, as mentioned, restorative justice provides an effective dispute resolution mechanism for certain types of crimes such as theft, computer crimes, some assaults, that can be more effectively and quickly resolved without going through the criminal justice process. In these cases, perhaps the victim simply wants his property back and the offender needs to understand that his actions were wrong. Accordingly, restorative justice under these circumstances could be disruptive. It might also be transformative after punishment has already been imposed as in the case of Gary Geiger (New York Times, 1994). If the victim sees that the offender is remorseful and has been punished, restorative justice could play an important part of helping the offender reintegrate into
Restorative Justice and Prison Restorative justice practices in the prison setting focus on various factors, including the offending behavior, victims, community service work, victim-offender mediation, and the restorative justice philosophy(Dhami et al, 2009). With these various contributing factors, mutually agreeable and best possible solution can be achieved to repair the serious harm caused by the criminal behaviors through the consistent communication within every individual members. In addition, these processes can provide the valuable effects of reconciliation, victim healing, offender rehabilitation, and as well as the reintegration of the offenders into the society(Dhami et al, 2009). Both restorative justice and imprisonment aim
The criminal justice systems in Bolivia and the United States have different structures with some similarities. I was born in La Paz Bolivia and we will be taking a look into Bolivia and the U.S’s governmental and criminal justice systems. Bolivia is a republic with a democratic government. The U.S. also has a democratic government. The Napoleonic code (civil code) and Spanish law compose Bolivia’s legal system, whereas the US is based on common law. The U.S. and Bolivia may have their similarities and differences, but one key difference is the instability of the Bolivian nation throughout its history, while the US has shown to be more stable as a nation (except for the civil war). Throughout this paper, we will be comparing and
The retributive justice worldview concentrates on punishment of the offender. Retribution glances back at the offense and looks for proper and proportionate correctional response. Crime prevention through rehabilitative mediation is not one of the objectives of the punishment for criminal behavior. Similarly, restoration of the victim and the community is additionally not at the front line of retributive justice. Retributive justice is offender centered and is likewise government dominated. The process itself could be said to be as essential as the punishment allotted to the offender. In any occasion, the requirements of the state and the subsequent punishment to the offender are the most imperative parts of the official state reaction to criminal conduct. This center comes to the detriment of victims and the
“‘Rather than locking ‘bad’ people away…restorative justice gives offenders the opportunity to meet their victims, to see how their crimes have affected them, which often leads to a sense of empathy of their victims - which turn frequently leads to rehabilitation’” (Source
Restorative justice is “a system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community at large” (Centre for Justice and Reconciliation). The purpose of restorative justice is to repair or “restore” the harm that a crime has caused.
In a case there are three sides, the defendants, the plaintiffs and the truth. Often times the truth may be hard to find but when it is available, justice should be served. That is where the justice system comes in and their job is suppose to allow justice to be served. Over the years, the criminal justice system has lacked in that area according to almost half of the United States citizens. Many may ask the question, "why?", but there is no definite answer for why the justice system has lacked in its area of justice. The real question is, "how?" How can this be changed? That is the question many American Citizens are asking. The American justice system is lacking in the area of justice in many ways. The United States has a Constitution that protects its citizens from abuse in the criminal justice system. The right to a trial, to fair treatment by law enforcement are enshrined. Importantly, the Eighth Amendment also protects those convicted from cruel and unusual punishment. In spite of all this, the American penal system is broken in many ways. Examples of this happening throughout the United States are unfair punishments, prison health care and sentencing young children life in prison without parole.
There are already existing restorative practices that are place within the conventional criminal justice system at present namely probation, restitution and community service (Zehr, 1990). Admittedly they are not readily termed restorative justice programs however they are grounded in its theory.
The restorative justice system give the victim of a crime and the criminal a chances to forgive. If the criminal admits to the crime and talks about the damage their crime caused the victim and their family. Then the criminal promises not to commit the crime again and offers restitution for the crime to the victim and their family. The victim and their family decide not to than the criminal will serve their regular sentence but, if they accept then the case will go to a board of community representatives. The representative of the community will decide if the criminal will go free or rejoin the community.