Introduction
The purpose of this paper is to describe how restorative justice can benefit school districts by helping them change the behavior of students who fail to comply with school rules and policies. Educational institutions that rely less on suspension or expulsion and more on methods that teach children how to understand their actions and how they impact others can have a positive difference in their lives as well as the people close to them. I believe that restorative justice can be used in a similarly to the way probation is offered to adults that are guilty of perpetrating a crime and are less likely to offend again.
Background
Restorative justice is a response to misconduct that gives people the opportunity to mature whether
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Only extreme cases would teachers require support from administrators or the principal of the school. Over the last 15 years there have been horrific events throughout the country where mentally unstable individuals used a school as the venue to attack children and terrorize their community. Legislators and government officials have responded to these events by mandating school officials to treat all potential threats seriously. There has also been an increase in litigation as a result of fundamentals changes in guidelines and statutes. As a result, school districts would rather error in the side of caution by taking a zero tolerance approach to student misconduct.
In addition, Barbara McClung adds that the cultural and class differences between students and educators exasperate these conflicts in the classroom, therefore depending on other means of resolving issues (Khadaroo,
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66). In the article titled “A call for restorative justice in higher education judicial affairs” by Clark (2014) the author describes how a college student stole a statute from an antique shop and was apprehended. Following this incident, the Dean of Academic Affairs at the college the perpetrator attended invited the manager of the antique shop and the artist that designed the statute to speak to the individual that stole it. The invitation gave the store owner and artist the opportunity to describe the significance of the statute and how they felt when they realized it was stolen. After hearing them express their feelings, the student understood how his actions impacted others and was given the opportunity to resolve the matter without getting a criminal record or being incarcerated. I believe the administrator was able to help the victims cope and the perpetrator the opportunity to take responsibility or his actions and learn from his
Instead of being kicked out for fighting, stealing, talking back, or other troublesome behavior, schools are using restorative justice. Restorative justice in schools is to listen to each other, write letters of apology, work out solutions with the help of parents and educators, or engage in community service. I believe that way is better than kicking students out of the school system depriving them of education.
After reading the article on school violence and the restorative justice approach, I feel that restorative justice is a positive approach towards handling violence. As mentioned in the article, in the past, students often experienced formal punishments, such as suspensions, for their misbehavior or negative actions. In other words, students often were immediately punished for their actions potentially without explanations. Therefore, this restorative justice approach seems like a good idea because it brings awareness towards issues or consequences from these issues and provides explanations for better ways of handling situations. This approach seems similar to the authoritative parenting approach, which includes high levels of responsiveness
Restorative justice is a form of reconciliation after an offense that involves considering the harms done when addressing consequences but also includes the victim, the offender, and the community in the healing process. Restorative justice relates to social justice in that the needs of everyone involved are being addressed and everyone feels like they have a say in what’s going on. By pressing for restorative justice practices to be followed, we are straying away from the concept of retribution and opening a window for healing for everyone (Robinson, Handout “Restorative
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.
Restorative justice generate an opportunity for people who have been effected by crime to talk about their experiences (Shapland, Sorsby, & Robinson,2011). Not only can this be a therapeutic process, it can also be valuable to not only the victim but the community. By hearing the stories from person that was affected by a criminal act, it helps to develop awareness of all involved, which can in turn allow many people to gain a deeper perspective into the root or origins of the crime ( Shapland at el.,2011). In addition, storytelling grows compassion among individuals who find themselves connected by wrongdoing.
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
The National Education Association has created a tool kit for teachers to assist the implementation of restorative justice within the classroom. The goal of the NEA is to build healthy relationships and a sense of community within the school, which reduces the suspension rates and the eventual incarceration rates that often seem to follow. The NEA also works to educate teachers on the racial disparities that exist within the schools disciplinary systems so they are able to recognize and affect change within their classrooms as well as their schools and eventually the community at large.
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
What restorative justice is "a sentencing philosophy and practice that emphasizes an offender taking responsibility to repair the harm done to the victim and the surrounding community" (Alarid,pg. 224). The purpose for restorative justice is to find a peaceful way to help the victim, the offender, and the community in terms of healing,reconciliation, and forgiveness, instead of focusing on the punishment. Restorative justice also tries to help build up the community life with the victim and the victims family and peers, with the offenders and his/hers family and peers discussing the situation on hand. Question ask in restorative justice are: What or who was harmed? Who is responsible for the harm done? What needs to happen to repair the harm?
Restorative Justice is a theory that emphasizes repairing the harm that has been caused by criminal behavior 1. (John Stuart Mill, Utilitarianism,2010). Restorative justice is important because, it holds offenders accountable in meaningful and constructive ways, can contribute to a more satisfying experience of justice for victims and communities. There are various methods of restorative justice in which they are practiced; examples include victim offender mediation, conferencing, healing circles, victim assistance, ex-offender assistance, restitution, and community service. Each method focuses on the needs of both the offender and the victim, and heals in different ways. Research shows that both victims and offenders have high levels of
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 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.
Last year in Chicago, there were nearly 800 homicides that took place throughout the city and that is just Chicago alone! Imagine what the numbers would be like if you added up all the homicides that took place in each state throughout the United States. It would be outrageous and that would only be for our 50 states, it does not include other countries around our world. Crime rates are skyrocketing and something needs to be done. For some of these offenders, receiving a harsh punishment and being put in jail makes them realize what they have done and makes them want to better themselves once they get out. On the other hand, other offenders serve their time, get released, and go right back to their old ways, the ways that put them in jail in the first place. Punishment does not seem to work for everyone; therefore a new approach must be put into action, this approach being restorative justice. Restorative justice is a groundbreaking
Before Restorative justice came along victims did not have a voice. They were the ones that had to cry in silence while the offenders go on with their lives. Restorative justice repairs the harm caused by crime. It is an approach to justice that focuses on the needs of the victims and the offenders, as well as the involved community. Some of the main approaches are to punish the offender or satisfy legal principles. Nowadays getting restorative Justice isn’t hard there are so many people out there that want to help. The comfort women who were exploited during World War 2 and Tulsa Race Riot of 1921 didn’t have the resources we have today. It took years for them to get there justice.
The main priorities of restorative justice is the victims and the restoration of the community to which the crime occurred. During earlier times restoration justice was used as a procedure to deal with property crimes (Britto, S., & Reimund, M. E., 2013). It has been said that the reason restoration justice was used for these types of crimes were because it was easier for the offender to right their wrong through restitution. Restorative Justice has grew increasingly throughout the criminal justice system over the years. Now, the program is used to ignite affords of victim offender mediation and dialog aiming to empower victims (Britto, S., & Reimund, M. E., 2013). Many feel that having an open dialog about murder or crimes in general increases the chances of restoring the community and righting the victim wrong.