Definition And Broader Applicability Of The Function Of Punishment

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.

Restorative Justice will not make the basic prejudices on our society worse than what they are, however restorative justice should restore synchronization within the community or society as a whole through based on discussion of the offender’s underlying problems and not to reoffend against the victim in particular nor any member of society, and what charges the offender may face if he re-offends “Restorative justice is deliberative justice; it is about people deliberating over the consequences of crimes, and how to deal with them and prevent their recurrence” (Braithwaite, 1998, p. 438).

In the United States there are four main goals when it comes to punishment which are retribution, deterrence, incapacitation, and rehabilitation (DeJong, 2016, p. 288). The main goals for these punishments are to maintain order over society and to prevent recidivism (DeJong, 2016, p. 288). This ties into the Ecology perspective. By maintaining order over society and preventing recidivism, it ties into all of the issues regarding the Ecology perspective which requires for each issue to address the individual, family, community and society. Maintaining order over society and preventing recidivism strives toward making a safer environment for the individual, family, community and society. There is no universal agreement for making the severity of punishment just or fair (DeJong, 2016, p. 288). When it comes to retribution the person who is getting punished deserves the punishment (DeJong, 2016, p. 289). Retribution refers to when an individual commits a certain crime then that person must receive a punishment proportionate to that crime or suffering that they may have caused towards the victim (DeJong, 2016, p. 289). Regarding deterrence there are two types, general deterrence and specific deterrence (DeJong, 2016, p. 289). General deterrence focuses on the society in general and wants to scare everyone away from committing crimes (DeJong, 2016, p. 289). Specific deterrence focuses on criminals that have already been convicted and wants to prevent them from

Restorative justice is rehabilitation of offenders through reconciliation with victims and the community. Restorative justice programs are conferences held to enable offenders, victims and community members to meet face to face to discuss the crime that was done and determine the best way to repair the harm. Usually when offenders hear their victims describe the effect the crime had on them, they often feel sympathy and express remorse. Restorative justice conferences give the victims and community member’s justice and satisfaction. I believe the system is good because it gives criminals time to try and better themselves and try to change, and also gives justice and closure to the victims.

Restorative justice practices is seen as an innovative informal approach to criminal justice and is used as an alternative to the mainstream criminal court procedures. It offers alternate ways to aid in repairing the harm caused by the offenders and involves both the victim and offenders in the process. Surrounding restorative justice lies the debate that the practices are potentially more harmful than beneficial for the victims. This debate is complex and interminable, as there are various factors that can influence the outcome of the procedures. This essay will explore and discuss the concept of restorative justice and the practices that are commonly supported and conducted in Australia. The essay will then explore the debate around restorative

Today we see five prevalent goals of corrections including retribution, incapacitation, deterrence, rehabilitation and restorative justice. Goals employed in corrections change over time depending on several factors including the trends of thought in society and issues within the prison system. Politics as well as prison overcrowding also factor into determining which goal dominates. Retribution has a long-standing history as the most culturally accepted goal because people fended for themselves prior to organized law enforcement (Bartollas, 2002, p. 71). Incapacitation, the dominant goal currently, eliminates the threat by placing the criminal outside society, typically through incarceration, and preventing the criminal from having the ability to commit additional crimes. Deterrence, like retribution, has continued as a goal throughout history. In an effort to reduce the risk of crime, law enforcement attempt to deter criminals from committing crimes. Rehabilitation gained enormous strength with an attempt at moral redemption of the offender. Reformists believed corrections needed a makeover as they worked towards rehabilitation. Rehabilitation places more focus on the individual rather than the act in an attempt to rehabilitate the person. America did not begin to look at the corrections system more substantially until the 1970s as the idea of rehabilitation fell (Bartollas, 2002, p. 75). Restorative justice promises to restore the victim as the offender

Provide the justifications for punishment in modern society. Punishment functions as a form of social control and is geared towards “imposing some unwanted burden such as fines, probations, imprisonment, or even death” on a convicted person in return for the crimes they committed (Stohr, Walsh, & Hemmens, 2013, p.6). There are four main justifications for punishment and they are: retribution, deterrence, rehabilitation, and incapacitation. There is also said to be a fifth justification of reintegration as well.

Our current system of law and justice is oriented completely to the offender. “Restorative” justice is a term used to describe a number of programs that seek to do…what? What is “Restorative” justice and how may it work? Pg 67

The violation of law is not the sole focus in the restorative process. It is an attempt to repair the harm of the offense by having those directly involved mutually agree how the offender can best compensate or restore their victim, community, and self (Saxon, 2013). Traditional methods of justice often remove the victim from the community and relies only on the direction of laws to impose sentences on the offender (Saxon, 2013). One of the major drawbacks of this process is that it empowers victims, offenders, and communities in making the sentencing agreement and may result in some offenders being sentenced more harshly for the same crime another person committed (Saxon, 2013).

Restorative justice is a method of justice that emphasizes repairing the harm caused or revealed by criminal behaviour. It offers a solution that promotes the healing and strengthening of community bonds, by addressing the harm done to victims and communities. The criminal justice system has traditionally concentrated on detaining and committing offenders rather than examining the roots of their problems and providing community-based services that effectively addressed them. Crime rates continue to soar under the present system and the search is ever stronger for a solution to deal with a rising prison population, high costs, overcrowding and poor conditions, a legal process less and less concerned with the victim; but rather a focus on the

“Restorative justice is a process whereby parties with a stake in a specific offence collectively resolve how to deal with the aftermath of the offence and its implications for the future” (Munchie, 2004).

There are five rationales or justifications that are referenced when issuing a punishment to a criminal offender (Bohl & Haley, 2001). The first is retribution, a form or revenge or just deserts, in other words, a form of payback. The second is incapacitation, incarceration for a period making it near impossible for an offender to commit more crime. The third is deterrence, a form of punishment is issued in hopes of preventing the offender from committing the crime again. The fourth is rehabilitation, attempting to modify the behavior through training and therapy. The firth is restoration, this rationale pertains to the victims and their families, providing the victim with various rights in an attempt to restore their lives back to a similar

Punishment is defined as “the infliction or imposition of a penalty as retribution for an offense” (“Punishment”). Some prominent theories of punishment include retribution, deterrence, rehabilitation, and the moral education theory. Although retribution, deterrence, and rehabilitation are all crucial components of punishment justification, independently the theories have weaknesses that avert the moral rationalization of punishment. I believe that Jean Hampton’s moral education theory is the best justification for punishment because it yields the most sympathetic and prudent reasons for punishment, while simultaneously showing that punishment cannot be justified by solely

Restorative Justice is a theory of justice that seeks to develop community-based responses to crime and violence by using dialogue and peace building to heal victims and bolster social harmony. It relies on the basic principles of repentance, reconciliation, and forgiveness. These principles, which are central to Islam, help mediate primarily between the criminal justice systems and multi-religious pluralistic societies.

Theories of why we punish offenders are crucial to the understanding of criminal law; in fact it is not easy to define legal punishment, however one thing is clear within the different theories of punishment is that they all require justification.[1] There are many theories of punishment yet they are predominantly broken down into two main categories. The utilitarian theory seeks to punish offenders to discourage, or “deter,” future wrong doing. The retributive theory seeks to punish offenders because they deserve to be punished due to their behaviour upsetting the balance of society[2].