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
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
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
In After the Crime: The Power of Restorative Justice Dialogues between Victims and Violent Offenders, its author Susan Miller, provides the reason to why it might be beneficial for both a victim and their offender to meet face-to-face after the crime. Not to mention, what has to happen in order to achieve that through two types of restorative programs. One of the programs is intended to benefit an offender and is known as Diversionary Restorative Justice. This program operates much different from the common Criminal Justice process as it focuses on minimizing the sentence given and seeks to rehabilitate the offender and offers less punishment. This program benefits the offender in their rehabilitative treatment but at the same time benefits
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
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).
Moreover, restorative justice and peacemaking criminology align with broader societal values of compassion, fairness, and reconciliation. They offer a more human-centered approach to justice that prioritizes the dignity and well-being of all individuals involved, including victims, offenders, and community members. By fostering empathy, understanding, and dialogue, these approaches have the potential to transform not only our justice system, but also our broader social fabric. However, challenges remain in implementing restorative justice and peacemaking criminology on a larger scale and ensuring equitable access to these approaches for all individuals affected by crime. This requires continued investment in research, training, and community engagement, as well as meaningful collaboration between criminal justice agencies, community organizations, and policymakers.
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.
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
My initial reaction to the concept and process of restorative justice was positive. I am in full agreement to the process and feel this is a program that should be implemented in schools, justice systems, at home, and in the community. Van Wormer describes this program goal is to work together as a community (community building) to restore what was once whole and holding the offender accountable for damages (Van Wormer & Besthorn, 2011). Restorative justice is a humane way of problem solving and giving the opportunity for the offender to understand the effects made on the community, it's a form of therapy to discuss the underlying causes and issues. This provides the opportunity for both victim and offender to heal and create solutions.
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
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.
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
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 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.
Throughout the United States the criminal justice system is in a state of crisis. The public is fearful and angry. Practitioners are weary and frustrated. Criminal justice policy is driven more by anecdote than systematic information. Costs of current policies are not sustainable over long periods. Victims are often re-victimized in the process. The widespread sense of dissatisfaction has caused a fundamental rethinking of our criminal justice system and the formulation of an alternative approach to [ (Criminal Justice Overview) ]criminal justice called restorative justice [ (Pranis, Building Community Support for Restorative Justice: Principles and