Restorative Criminal Justice System

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).

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.

Its most commonly known definition was provided by Marshall in 1996, that describes restorative justice as a process where both parties; victims and offenders, work together to restore, resolve and deal with the after effects of the offence and future ramifications (as cited in Van Camp & Wemmers, 2013). The concept of restorative justice originally derived from various indigenous and pre-industrial western justice practices, however, in the 1970's it begun to appear in modern times and was then developed as a reference to describe victim-offender programs that were developed in North America (Strang, 2001). Restorative Justice approaches spread across the world in the 1990's, where many countries such as Canada, Australia and the United Kingdom, began introducing these approaches as alternatives in their criminal justice systems (Braithwaite, 1999). The concept of restorative justice usually involves victim and offender direct participation and is conducted in the form of conferences or mediation. This is where both parties; the victims and offenders, come together fact-to-face in one location, alongside a facilitator, police and support people, and work out together the consequences of the offenders actions and the

For victims, its goal is to offer them a full of life role within the method. Restorative justice is based on an alternate theory to the standard ways of justice, which regularly specialize in retribution. However, restorative justice programs will complement ancient ways. Academic assessment of restorative justice is positive. Most studies recommend it makes offenders less probably to reoffend.

Restorative justice- an approach to corrective justice that focuses on meeting the need of all concerned.

Restorative justice also known as transformation justice focuses on the needs of the victims, offenders and the community. Transformation or Restorative Justice twists that idea and focus on repairing the harm the crime caused, while also making sure that those who are responsible for the crime take responsibility and accountability for their actions. My paper will explain how Restorative Justice can be used as a rehabilitation process in today’s society. If you were to ask someone to explain what justice was too them, most people would say something like “getting revenge on the offender for what they have done to us and or the community in which we live in”. People commonly mistake justice for punishment-often severe punishment.

Under the retributive justice system, justice is achieved by finding out which law was broken, who broke it, and punishing the offender. The offender is then sentenced to repay the state for his/her crime against it by serving a sentence of some sort, usually in the form of jail or prison time. In the restorative system, justice is achieved by figuring the harm done, the repair s needed for the harm, and who should repair it. The offender is then accountable to the victim and the community. The state then has the responsibility to ensure that the offender is held accountable to the victim.

Restorative justice is a way of responding to criminal behavior by balancing the needs of the community, the victims, and the offenders. According to the "Handbook on Restorative Justice Programs" CRIMINAL JUSTICE, (2006). By UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna; In many countries, dissatisfaction and frustration with the formal justice system or a resurging interest in preserving and strengthening customary law and traditional justice practices have led to calls for alternative responses to crime and social disorder. Many of these alternatives provide the parties involved, and often also the surrounding community, an opportunity to participate in resolving conflict and addressing its consequences. Restorative justice programs are

“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).

With the rise of Civil Rights Movement in western countries, the circumstances of the criminal victims are getting more attention gradually. Due to this emphasis, it directly led to a first revolution in the criminal justice, the revival Restorative justice. For a criminal justice system, victim support and healing is a priority which might seem an obvious aim. "Restorative Justice" was first introduced by an American professor, Randy Barnett in 1977. Nowadays, restorative justice systems have been applied to criminal justice system in many countries (Tai Wan, Australia, the US and the UK etc). In spite of many researches of restorative justice composed by western scholars, however it has not yet been defined properly and cover over the cons of this system. Restorative Justice repairs the harm that caused by crime and reducing the future harm on victims, there are advantages yet there are also bad. In this essay, I will use the application of the principles of sociology, literature, ethics knowledge to demonstrate argumentation to restorative justice and to reflect the pros and cons. (160words)

Restorative justice has some key restorative values that are vital in the restorative justice conference to make the experience ‘restorative’. Concerning addressing victim needs and concerns means for listening, respecting, being non-judgmental, not blaming the victim and apologizing. The RJ system was bought as an alternative to the criminal justice system to give greater emphasis on victim rights and needs, offender accountability and community involvement. Throughout the essay, there will be an insight into how Restorative Justice addresses needs of victims in terms of the different proponents such as Information provided to victim, restitution/compensation, emotional and practical needs met, participation and involvement of victim and protection of victim, which (Wemmers and Marisa, 2002) as essentials to victims participating in the practice. The two countries that will be addressed will have had restorative justice built out of injustices and over-representation of the current criminal justice system to the indigenous peoples of those countries.

How many inmates were isolated from their communities when they had committed a crime or when they got released from the prisons? And how many effective programs can be helpful for them?Many posts-release prisoners have experienced recidivism and social stigmas due to lack of programs. In fact, restorative justice for people in prison has played a big role in our correctional systems in many different ways.Restorative justice in prison shapes our prisoner 's morals and abilities by providing a suitable technique. Although punishment may play a part in restorative justice techniques, the central focus remains on relationships between the affected parties, and healing reached through a deliberative process guided by those affected parties.( Tsui,2014). For instance, many inmates have attended into reentry programs and educational orientations when they finished their time in prison. These programs cost less money for the government, and inmates can be reintegrated into societies easily. Many post-release prisoners have avoided recidivism after these effective programs taught them the value of lives. This study will examine the importance of restorative justice in prison, which is essential for our correctional facilities. Numerous studies have been done recently which focused on this restorative justice.For example, restorative justice answers the justice question in a different way.(Toews,p.5,2006).

The perception by many involved in the justice system in general, and youth justice in particular, is that the present model of punitive retributive justice, often involving incarceration does not work. Indeed, it may be compounding an already huge social problem. This realisation has lead many to look for alternative systems. At present there is a considerable momentum building that advocates the use of a restorative justice model. Marshall has defined restorative justice as a process whereby parties with a stake in a specific offence collectively resolve how to deal with the aftermath of

Restorative or Community Justice is a fairly new concept. It is aimed more at repairing damages caused by the crime to the victim(s) and the community involved. In this method the victim lays out conditions for the offender and what is necessary to help repair any losses. The community provides assistance to help restore the offender to the community. Some say that this method can be dangerous and bypasses certain safeguards.