Introduction Restorative justice is an option to the formal criminal justice system which emphasizes repairing the harm caused by criminal behavior. It can build the criminal law’s moral reliability and validity, which in turn will give the law the ability to gain compliance 377 (Elias., 2016). Although Restorative Justice has many benefits, it is not for everyone in every circumstance. In this research paper, I will be arguing that restorative justice is a cost-effective way of dealing with crimes, reduces recidivism rates and provides greater satisfaction and outcomes for the victims, offenders and community.
Victims
The main objective of Restorative Justice is repairing the relationship between the victim and offender; this can be accomplished by considering the view, experiences and wishes of the victim. At the heart of Restorative Justice are the rights and interests of the victim (Littlechild., 2011). Many victims are shocked at the first thought of coming face-to-face with their offender when the idea is first offered to them, especially if the crime involved violence; after the Restorative Justice process, they come to obtain much more satisfaction with the justice system than they would have through the traditional criminal justice process (Strang. & Sherman., n.d.). Van Camp and Wemmers (2016), argued that many victims of crimes would like to be given the option of Restorative Justice because in many cases they are not; it enables the victims to make choices
Rooted in our civilization, restorative justice was once viewed as a sin against a sovereign society of a King, Queen, or Emperor. Albert Eglash (1975) first articulated restorative justice over retributive and rehabilitative justice, an indeed search for the original status of security of the victim’s feelings. Restorative Justice, a more victim-centered aspect of punishment than the offender, however, the victim should consider, what it is that restorative justice will restore to its original state of security, and would it be enough justice that the victim seeks.
Even though restorative justice has many supporters, it also boasts numerous opponents as well. In response to a proposal for restorative justice, conservatives largely contest the idea in favor of a more “get-tough” on
James Dignan’s concepts related to offenders, but mostly, related to victims. In his work “The victim in restorative justice” (2007), he argues that restorative justice “has a tendency to focus primarily on offenders and reconviction rates rather than on victim-related concerns” (p.309). Dignan goes on explaining that only after Braithwaite’s theory became more developed in Australia and New Zealand, the role of victims became clearer (Dignan, 2007). He says that there are beneficial distinctions between reciprocal benefits and one-sided benefits, depending on the interaction of the
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
According to Restorative Justice Benefits Victims and Offenders by Jeff Anderson says, "Restorative justice is a successful alternative to sending offenders to prison. Imprisonment often does little to rehabilitate the criminal or repair the
Restorative justice is a style of discipline found within the criminal justice system that focuses on the rehabilitation of juvenile and adult offenders through reconciliation with victims and society at large (Richards 2009). Practices and programs that reflect restorative purposes will respond to crime by identifying harm and pain caused, taking steps to mitigate damage, and finally repairing the harm caused. Restorative justice encompasses all
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
They discuss the crime and what impact it has had on both the victim and the offender. Restorative process consists of individuals who give support to the offender and the victim during their conversation. There are mediators which help the victim and the offender in the discussion of the impact of the crime and try to help resolve any issues. This process is generally separated into three different portions; these are the preparation for the pre-conference, the conference, and the follow up conference.
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).
I strongly believe that restorative justice is an extremely beneficial and efficient approach to the rehabilitation of the offenders and victims. The current criminal justice system seen in Canada and the United States have time and time again proved the inefficiency and inadequacy of retributive justice. The goal of restorative is to repair the harm caused by a crime, while simultaneously attempting to facilitate the healing of the victim, offender and community. Restorative justice programs address the needs of the individuals involved through the use of an all inclusive and humanistic approach in hopes to achieve justice. It ultimately rejects the idea that the offender should be punished equally according to their offense, rather it acknowledges the reality of social inequity.
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.
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.
Crime as explained by Howard Zehr as “a violation of a person by another person” (Zehr 182). When justice is to be applied in a restorative method, it seeks to identify the larger needs and obligations; it addresses the victim-offender relationship, as well as focuses on problem solving of current and future intensions
A re-call of restorative justice was due to Nils Christie’s famous essay ‘Conflicts as Property' in which he argues that a conflict is “something of value, a commodity not to be wasted” (1977:1). He claimed that the victim “has a need for understanding, but instead is a non-person in a Kafka play. Of course, he will go away more frightened than ever, more in need than ever of an explanation of criminals as non-human. " (1977:8). Moreover, he reasons that involving the victim in this process
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).