Restorative justice has can be seen to have multiple definitions among the most used are:
A) a theory of justice that focuses on repairing the harm caused by criminal behavior and B) 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 of restorative justice, however, is a process where all the parties that have equal power in a specific offense and collectively come to a solution on how to deal with the proper punishment. This process is largely focused on the participation of victim and offender in aims to provide a healing opportunity. That is to say, it is not a victim-centered approach to criminal justice but also criminal-centered,
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Though William R. Wood writes in Why Restorative Justice Will Not Reduce Incarceration the practice of restorative justice has been proven very successful for minor offenses among adults and youth in bringing together the offenders, victims, and the community. However, acts of violence and serious offenses committed by youths have no place in these resolutions. The act of violence still proves to be highly traumatizing for victims. The high chance of re-conviction of a violent offense and these types of offenses are too complicated to be resolved outside of the judicial system. “In the United States, Lane et al. looked at the South Oxnard Challenge Project (SOCP), a program for youth offenders that included significant services for youth, as well as a RJ [restorative justice] component in the form of apologies and/or meetings with victims”(Wood). The ideal method behind the restorative justice process is that criminal behavior would be able to be reduced by decreasing the expected impact of criminal activity. Restorative justice is centered in the interest of the victim, the public, and the community. The offender is just to be made aware of their moral wrongdoing and have it be known that their actions will no longer be tolerated. Deterrence is not from legal sanctions, but rather from the negative consequences where the criminal behavior is heightened as a wicked act and therefore the offender becomes shamed. Restorative
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 defined as “using humanistic, no punitive strategies to right wrongs and restore social harmony” (Siegel, 2008, p. 189). Instead of imposing harsh penalties on offenders like long prison sentences or even the death penalty, restorative justice calls for a more rehabilitative approach, such as reconciliation and offender assistance.
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
What is restorative justice? Restorative justice is when youths that were affected by an incident choose to repair the damage that they committed, restore trust, and find a place in the community in which they can fit into society. Not only that, but one of their main focus is to build respectful relationships that can be noticed by everyone (Murthy, 2016, para. 2). The restorative justice approach shares three goals. These three goals are known as accountability, competency, and public safety. Accountability is responsible for making amends and reestablishes the losses to victims and communities. The purpose of accountability is not to obey a curfew, attending counseling, having interaction with a probation officer, or evade the usage of drugs. The full meaning of restorative justice is simply to take full responsibility for the actions that were committed (del Carmen & Trulson, 2006, p. 446). The purpose of competency is basically doing something that’s going to value another person. Not doing an illegal crime doesn’t count as a standard for competency. Getting offenders involved in different activities would value the community. Activities that value the community are work, community service, dispute resolution, and community problem solving. All of these activities help rebuild the offender, victim, and of course the community (del Carmen & Trulson. 2006, p. 446). The last one which is public safety helps offenders get more involved within the community through
There was a 19 year old who was driving a stolen car and lost control. When he lost control he killed four people and was sentenced for 47 years in jail. This offender didn’t have a good example to follow while he was growing up. His dad abended him when he was young and was left to be raised by him mom who was an extreme alcoholic (Pope 2011). This is an example the restorative prisons would really help someone who never got proper information growing up on how to behave and things he can do and things he can’t. The restorative prisons would help someone like him by not locking him up for a number of years. This helps the perpetrator because they have more opportunities while in the restorative prison that will help them once they can leave. At the restorative prisons everyone helps out around the building including the perpetrators and that can help them feel better about themselves because they are doing something useful. Also at these prisons the perpetrators are allowed to leave for work as long as they are back by a certain time which also give them more opportunities to make their life better. Some of these prisons also offer training for the perpetrators so they are exposed to more options. Restorative justice ways look into
The United States criminal justice is based on retributive justice. Putting offenders in prisons and jails as a source of punishment without rehabilitation has not helped them to become better citizens. " Restorative justice (RJ) is an option for doing justice after the occurrence of an offence that is primarily oriented towards repairing the individual, relational and social harm caused by that offence. (p.20)," says Prof. Dr. Katalin Gönczöl in European Best Practices of Restorative Justice in the Criminal Procedure. Retributive justice does not allow the victim, community or the offender have a say in what happens after the offence has been made.
The purpose of the restorative justice involves three basic goals: reestablishing the victims, reuniting offenders to the community, and helping to heal the community (Goodstein, and Butterfield, 2010). After being charged with an offense, the offender will always have that label on them and how everyone acts towards the offender will change. Restorative justice practices gives the offender a chance to change their outlook on life after being charged. These type of practices involve repairing and restoring relationships. Victims have the chance to come face-to-face with their offenders which could possibly lead to closure.
Restorative justice- an approach to corrective justice that focuses on meeting the need of all concerned.
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 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).
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).
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.
This paper will focus on retributive justice and restorative justice. Let’s begin with the definition of each. Retributive justice is a theory of justice that considers that punishment, if proportionate, is a morally acceptable response to crime. On the other hand, restorative justice is the opposite. It is a theory of justice that focuses on the needs of the victims and the offenders. So which of these should be morally right?