Within the system of criminal justice, the restorative justice conferences allow the offenders, victims and their respective family members and friends to come together to explore how those involved in the incident had been affected and, when possible, to decide how to repair the harm and meet their own needs. A victim can request a restorative justice approach to help an offender comprehend and understand how the crime has affected their life, and/or other people's lives in the process, to gain information, helping put the crime behind them and aiming to come to terms/forget their experience and personal ordeal and to openly forgive the offender for their actions. Restorative Justice also aids offenders, with trials within the United Kingdom
To What Extent Should Restorative Justice be incorporated within the Criminal Justice System in England and Wales? (2500 words)
Question 1. Both Thomas Mathiesen and Stanley Cohen argue that the alternative criminal justice responses that were presented after the 1970s were not real alternatives (Tabibi, 2015a). With this they are referring to community justice alternatives generally, and Restorative Justice specifically. The argument here is that Restorative Justice cannot be a real alternative because it is finished and is based on the premises of the old system (Mathiesen, 1974). Restorative Justice is not an alternative because it has not solved the issues surrounding the penal system (Tabibi, 2015a). Cohen (1985) supports this sentiment, and suggests that community based alternatives have actually led to a net widening and expansion of the retributive criminal
The restorative justice movement emerged in the 1970s in Canada. However, some of its key principles were already in place. At one point in history, crimes were not seen against the state. Instead, it was up to the victim and/or their family to seek reparation from the offender. This approach was very victim-centered, but this changed as crimes began to be seen as crimes against the state as well. This made the justice system more offender-centered. People began getting together and formed a general consensus that victims deserved the same rights as the offender. This is how the restorative justice model began. The movement was based on the belief that we should not be solely focused on punishing the offender or trying to pit the defendant
Restorative justice ways are a very controversial topic. Many people have different opinions about whether restorative justice is a good idea or not. Restorative prisons are a part of restorative justice and they can positively impact many people who were involved in some way of the crime or not. One way of restorative prisons are very effective and beneficial is because it gives the perpetrator more of an option on rebuilding their life after. It also helps the perpetrator see the good in themselves as well as others see the good in this perpetrator. Restorative prisons don’t just give the perpetrator freedom right away they have to go through a process to prove that they want to be a better person so they are not just receiving freedom
Restorative justice (RJ) is the practice of trying to restore the victims of harm or trauma back to a state of peace and contentment. It is used to benefit the victims so they can in a way reclaim a part of themselves. Restorative justice has three main models/practices; Victim Offender Conferencing (VOC), Circle Processes, and Family Group Conferences. Victim offender conferencing is the most common application of restorative justice in North America. In, The Little Book of Victim Offender Conferencing, Lorraine Stutzman Amstutz explains, “the victim offender conferencing process brings victims and offenders of crime together in a face-to-face meeting prepared and led by a trained facilitator, often a community volunteer, to talk about the impact of the consequences of the crime.”
Restorative justice is the view towards crime as more than breaking the law. Restorative justice believes that crime causes harm to more than just the victim, it also causes harm to other factors such as the community, relationships and families. Therefore, a just response is required to deal with the harms and wrongdoing of the offender; a just response is a fair and candid response in the eyes of the law. If both parties are willing, they can meet to discuss the harms and how to bring about a resolution. However, there are alternatives if the clients do not want to meet. Although it is best if they do, as
Restorative justice refers to the idea that the simple punishment through incarceration of a criminal may not necessarily end or satisfy the harm, injury or pain of the victim. Moreover, restorative justice argues that punishment by itself is unlikely to change the behavior of the offender in a way that guarantees he will not commit the same act(s) again and that he will feel remorse for the act(s) that he did commit. Accordingly, the aims of restorative justice are threefold. First, it aims to bring closure to the victim, whether it is through allowing them to fully participate in the criminal justice process, directly let their feelings known to the offender or understanding why the crime happened. Second, it aims to force the offender to
Restorative justice is a very complex process in the justice system. It is a positive program that helps in the aid of victims of crimes. The process for restorative justice is broken down into steps which map out how the process should take place. According to Johnstone, “Restorative justice is the theory that justice aids the victim and emphasizes the repair of harm caused by unjust or harmful behavior.” In my opinion the restorative justice process is a great accomplishment to the justice system. Restorative justice does not always work as intended but the theory of which it is intended for is enough to be improved upon.
Restorative justice is a system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community at large. I think this is a good system to help people through tough times. Another system is the death penalty. The death penalty is when you did a really bad crime like kill someone, they have a choice to kill you. They kill you by injecting drugs into your veins. The church is against this because it is wrong to take someone's life from them. I am both for and not for the death penalty. I am for it because if someone did first degree murder they should get killed for it. I say this because when they murdered the person they have hurt everyone that knew the person. That is why I think
Restorative justice focuses on "...repairing harm caused by criminal behavior." According to "restorativejustive.org.". Typically criminals are taken over by the state at the point of conviction and all type of interaction with the corrections process is between
It is important to know what works in restorative justice and for which type of victim it is a suitable alternative or addition to criminal justice. The goal of this study was to find out to what extent a victim’s pre-mediation level of PTSD, propensity to forgive (depending on interpersonal commitment), and anger are associated with the victims’ general satisfaction with victim-offender mediation. The expectation was that PTSD and anger would be negatively associated with general satisfaction, and that forgiveness would be positively associated, but that this relationship would be more evident when the victim had a stronger commitment before the offense. For this purpose, existing data were used of a research project in the Netherlands on
Throughout this paper, various articles will be discussed in further detail on the issue of restorative justice within the criminal justice system in the United States. Both benefits and disadvantages of restorative justice will be analyzed, in order to have a greater understanding of the alternative justice program, and to remove any preconceived ideas unsubstantiated by facts. Focus will be on topics such as what restorative justice is, followed by how it reduces the number of suspensions and disciplinary actions required by schools to manage offenders. These programs in schools give students various life skills needed to solve and manage problems rather than resorting to violence and crime. It will also be noted how there are those who dispute that restorative justice as a powerless alternative in which change is never achieved. Additionally, successful programs currently in place will be examined, which will shed light on both sides of the spectrum, to allow one to make an educated decision on whether or not the program is an effective and necessary one or not.
The criminal justice system views any crime as a crime committed against the state and places much emphasis on retribution and paying back to the community, through time, fines or community work. Historically punishment has been a very public affair, which was once a key aspect of the punishment process, through the use of the stocks, dunking chair, pillory, and hangman’s noose, although in today’s society punishment has become a lot more private (Newburn, 2007). However it has been argued that although the debt against the state has been paid, the victim of the crime has been left with no legal input to seek adequate retribution from the offender, leaving the victim perhaps feeling unsatisfied with the criminal justice process.
The criminal justice system is a set of agencies and processes established by governments to control crime and impose penalties on those who violate laws. Different jurisdictions have diverse laws, agencies, and ways of managing criminal justice processes. In recent years, it has been debated that the criminal justice system has two primary and possibility conflicting perspectives known as the retributive justice approach and the restorative justice approach. Retributive justice and restorative justice have contrasting approaches when imposing punishment, that will be explored within this research paper, in regards to the disadvantages and potential advantages resulting from the implementation of it’s polices within the criminal justice system. These two perspectives have been implemented amongst many different criminal justice systems internationally, however the questions still remain, what is justice? And how should justice be served? This debate has created a divide between countries, due to the differing interpretations of justice and it’s response to criminal activity. The statistical information has been extracted from various online sources listed within the references as well as primary and secondary sources, “Prisons” by Haley, James and “Alternatives to Prisons” by Jennifer Skancke.
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).