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 …show more content…
if a judge who is notoriously hard on thief’s is asked to deliver a ruling, it'll probably be a harder punishment than that delivered by a judge who is more sympathetic to the people being tried.
- Supporters of rehabilitation would argue that socio/economic conditions cause crime not people so the punishment does not help the problem and crime will continue. It is better to get to the root of the problem than castigating someone who was forced to offend due to their situation e.g. fining a poorer man for stealing money to feed his family would make him poorer probably driving him to continue stealing instead of fighting the real problem in this example, the lack of support for people in need, which would reduce the amount of stealing that occurs because said man would not be forced to steal.
I feel that society should use restorative justice as an option that the police should contact the victim (unless there are exceptional reasons not to do so) to ask for their views on reparation as a condition of the caution. Additionally, (if the offender has already indicated they are willing to participate) the victim can be asked if they would like to be involved in a direct or indirect Restorative Justice process (3. Amy Vante Bintliff,1996) The timing of this invitation can be crucial as victims often need a little time to recover from the initial
First off, restorative justice doesn’t punish people, and a criminal needs punishment. If somebody knows that they won’t get in trouble for doing something wrong, they will just continue to do it. Prison time has been proven to work effectively. The Observer states that tougher prison sentences reduce crime, according to research by a study from academics at Birmingham University.
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).
While many conservatives oppose the rehabilitative measures restorative justice offers offenders and demand more prisons and penalties, advocates for restorative justice counter this demand with research. Restorative justice advocates call for restitution rather than retribution. According to promoters for restorative justice, imposing harsh penalties on offenders and lengthening prison sentences is futile. “Critical theorists argue that the ‘old methods’ of punishment are a failure and that upwards of two-thirds of all prison inmates recidivate soon after their release” (Siegel, 2008, p. 188). While conservatives want to build more prisons and lock away more offenders for longer terms, supporters of restorative justice believe that a more rehabilitative approach is beneficial for not only the offender, but also the community. “The offender is asked to recognize that he or she caused injury to personal and social relations along with a determination and acceptance of responsibility. Only then can the offender be restored as a productive member of society” (Siegel, 2008, p. 190). Placing an offender in prison for any amount of time is shown to be harmful to the offender, their victim, and society. “Rather than reduce recidivism, harsher punishments may increase the likelihood of reoffending” (Siegel, 2008, p. 86). A conservative asking for more prisons would likely be met with a barrage of evidence explaining why restorative justice will and
Restorative justice is an innovative approach to the criminal justice system that focuses on repairing the harm caused by crimes committed. The methods used in the conventional justice system may deter the offender from committing further crimes, but it does neither repair the harm caused, nor help them acknowledge their responsibility, instead it stigmatises them, worsening the situation instead of improving it (Johnstone 2003). “Stigmatisation is the kind of shaming that creates outcasts; it is disrespectful, humiliating” (p.85). It breaks the moral bonds between offender and community and can result in the creation of a destructive cycle that may result in fear and isolation. The shaming by stigmatisation creates a negative effect which
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
Umbreit etal have conducted a study on the significance of the lens on restorative justice dialogue in Minnesota in 2009. In most RJ programs, victims and offenders engage in direct dialogue about a specific offense or infraction, with the presence of at least one-third person who serves as a mediator, facilitator, convener, or circle keeper. The purpose of the study was to learn whether the use of Restorative Justice Programs would bring positive outcomes when restoring broken relationship and trust between victim and offender. The survey also covered participation
Restorative justice is a system of criminal justice that emphasizes the rehabilitation of offenders through mending ties with the victims and the community. A better explanation of restorative justice is a theory of justice that emphasizes repairing the harm caused by criminal behavior. It is best accomplished through cooperative processes that include everyone involved. This can lead to transformation of people, relationships and communities.
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 was created in effort to repare the victim of a crime (emotionally and mentally), along with restoring the criminals view and attitude towards the public/community. It is based off the Christian belief of forgiving, and working things out with the one who has done you wrong. Restorative Justice has the community focus on the victim, and takes the criminals attention away from his/her punishment. This justice system works “through a process of negotiation, meditation, victim empowerment, and reparation” (“Restorative Justice”). Restorative Justice is often used in elementary schools. For example, if a kid picked on you, you were sent into the hallway to talk through it with them. This is Restorative Justice. This justice
The United States of America, long ago, founded a disciplinary system that was to keep law abiding citizens safe. Those who broke the law were to be adequately punished and reformed, so that when criminals were done serving time, they would be ready to become contributing members of society. Mandatory minimum sentences, high prison return rates, and overworked and underfunded public defenders are just some of the issues that plague the Criminal Justice System. It is astounding that an alternative has not been sought.Restorative justice, or Circle justice is a discipline system that involves mediation, honest speaking, and healing. It gets all parties to share their experiences thoughts and feelings to address what happened in the inciting
Restorative justice is becoming more popular as the guideposts to effective corrections policy, both sides prisons and within the wider community. The philosophy is based on the traditional practices of indigenous cultures around the world. Criminal behaviour is primarily caused by the alienation of certain members from society at large. Everyone is an equal member of society and has a contribution to make the greater good. When a person becomes alienated or disconnected from that society , everyone in that society is responsible to bring that person back into a harmonious relationship with him/her “self” as well as the rest of the community.
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.
Restorative justice "focuses on repairing harm and healing those impacted by a crime" (Alternatives, 2011) rather than incapacitating the individuals (Alternatives, 2011). This alternative has all that are involved in the crime rather the victim, offender or even the system they all meet in the three models: sentence circles, victim restitution, and victim-offender mediations. With sentence circle everyone in the system gathers to and agree on the sentence that will best repair the damage the offender has caused (Alternatives, 2011). With the victim-offender mediation, the victim and the offender meet and exchange apologies and forgiveness (Alternatives, 2011). Restorative justice can be effective in with some offenders like any alternative
Imagine you are at the library, sipping your coffee, without a care in the world. You walk out and notice a lot of graffiti on the school walls. Curious, you walk away, but the problem comes back to you when you read this week’s Signal article. You find out that the person responsible was caught and sentenced to jail for at least 6 months. Was the sentence the best way to handle the situation? Fortunately, similarly to how there are better solutions to a single problem, there are better ways to resolve a conflict. Restorative Justice is a “philosophical framework which has been proposed as an alternative to the current way of thinking about crime and justice” (njj.gov). To clarify, it is a type of healing where the perpetrator is the individual
Rehabilitation is more of a therapeutic method to help the criminal ditch crime and become a constructive member in society. “Rehabilitation involves teaching inmates silks and trades that will, hopefully, give them a chance to become law-abiding citizens once they are released from prison” (Long). This method is looked at as more of a treatment than a punishment, to guide the criminal to make better choices and live a better life.