Restorative Justice System In North America

Restorative Justice, according to Google, is a system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community at large. It does not have a place in our society for several reasons. It is ineffective because it doesn’t punish people, doesn’t change them, and makes the situation even worse in most cases.

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).

The way the criminal justice system should handle crimes has always been a debated subject. For over the last forty years, ever since the war on drugs, there are more policies made to be “tough on crime”. From then, correctional systems have grown and as people are doing more crimes, there are plenty of punishments for them. In the mid 1970’s, rehabilitation was the main concern for the criminal justice system. It was common that when someone was convicted of a crime, they would be sentenced to prison but there would also be diagnosed treatments to help them as well. Most likely, they would have committed a crime due to psychological problems. When they receive treatment in prison, they can be healed and would not go back to their wrong lifestyle they had lived before. As years have gone by, people thought that it was better to take a more punitive stance in the criminal justice system. As a result of the turnaround of this more punitive criminal justice system, the United States now has more than 2 million people in prisons or jails--the equivalent of one in every 142 U.S. residents--and another four to five million people on probation or parole. The U.S. has a higher percentage of the

Restorative justice is rehabilitation of offenders through reconciliation with victims and the community. Restorative justice programs are conferences held to enable offenders, victims and community members to meet face to face to discuss the crime that was done and determine the best way to repair the harm. Usually when offenders hear their victims describe the effect the crime had on them, they often feel sympathy and express remorse. Restorative justice conferences give the victims and community member’s justice and satisfaction. I believe the system is good because it gives criminals time to try and better themselves and try to change, and also gives justice and closure to the victims.

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

In the United States, each day approximately 1,600 adults are released from state and federal penitentiaries to reintegrate back into the community (Gunnison & Helfgott, 2013). Reentry programs have been created all over the nation to help offenders successfully transition from prison into society. Offenders are confronted with numerous obstacles when attempting to reintegrate back into society. Ninety-five percent of offenders are released to reintegrate back into the community (Davis, Bahr, & Ward, 2013). Upon release, ex-offenders realize that despite the fact that they are no longer incarcerated, they face many restrictions. The restorative justice development rose to address the disappointment of the criminal justice framework to manage victims, offenders, and communities in an integrated way. A core focus of this development has been to expand the role of the community in advocating changes that will avert the issues and conditions related with crime and the demand for a criminal justice intervention (Hass & Saxon, 2012).

Today we see five prevalent goals of corrections including retribution, incapacitation, deterrence, rehabilitation and restorative justice. Goals employed in corrections change over time depending on several factors including the trends of thought in society and issues within the prison system. Politics as well as prison overcrowding also factor into determining which goal dominates. Retribution has a long-standing history as the most culturally accepted goal because people fended for themselves prior to organized law enforcement (Bartollas, 2002, p. 71). Incapacitation, the dominant goal currently, eliminates the threat by placing the criminal outside society, typically through incarceration, and preventing the criminal from having the ability to commit additional crimes. Deterrence, like retribution, has continued as a goal throughout history. In an effort to reduce the risk of crime, law enforcement attempt to deter criminals from committing crimes. Rehabilitation gained enormous strength with an attempt at moral redemption of the offender. Reformists believed corrections needed a makeover as they worked towards rehabilitation. Rehabilitation places more focus on the individual rather than the act in an attempt to rehabilitate the person. America did not begin to look at the corrections system more substantially until the 1970s as the idea of rehabilitation fell (Bartollas, 2002, p. 75). Restorative justice promises to restore the victim as the offender

“One out of every 31 Americans (7 Million) are in prison, jail, or some other form of correctional supervision. A high incarceration rate in the United States has led to the prison-industrial complex, which has provided jobs and profits to legions of companies and people. The field of corrections is big business.”1 I believe that this fact is the best way in which to start my paper. The main idea of corrections, as the name suggests, is to correct the behavior that has caused an offender to stray from the straight and narrow. However, as our prison population grows and recidivism rates increase we are not only seeing our prison system fail, but we are seeing a new and emerging industry take hold in this country. Increasing prison populations and the number of re-offenders is showing a relatively obvious failure of the current system. In my time as a criminal justice major I have taken a variety of classes on criminal justice, one of the most interesting for me (aside from this class) was restorative justice. In my restorative justice class I was introduced to the idea that the criminal justice system was taking the conflict away from the victim and the community and was focusing too much on punishment and not enough on rehabilitation. I understand that some people feel that restorative justice is too lenient, that by allowing offenders to bypass jail restorative justice gives them a pass and allows them to basically get away with an offense, however restorative

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.

Cullen and Gendreau (2000). give us some history on the restorative incarceration. The original theory of restorative justice was based on simple human behavior regulated by incentive instead of punishment, which instituted the concept of parole as a means of reward for a prisoner for rehabilitation. Further studies in criminology proved that this idea was too simplistic and married it to the positivist theory of criminology and instituted individual assessment and treatment for each prisoner based on their specific needs for reformation.

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.

Restorative justice has some key restorative values that are vital in the restorative justice conference to make the experience ‘restorative’. Concerning addressing victim needs and concerns means for listening, respecting, being non-judgmental, not blaming the victim and apologizing. The RJ system was bought as an alternative to the criminal justice system to give greater emphasis on victim rights and needs, offender accountability and community involvement. Throughout the essay, there will be an insight into how Restorative Justice addresses needs of victims in terms of the different proponents such as Information provided to victim, restitution/compensation, emotional and practical needs met, participation and involvement of victim and protection of victim, which (Wemmers and Marisa, 2002) as essentials to victims participating in the practice. The two countries that will be addressed will have had restorative justice built out of injustices and over-representation of the current criminal justice system to the indigenous peoples of those countries.

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).

Restorative or Community Justice is a fairly new concept. It is aimed more at repairing damages caused by the crime to the victim(s) and the community involved. In this method the victim lays out conditions for the offender and what is necessary to help repair any losses. The community provides assistance to help restore the offender to the community. Some say that this method can be dangerous and bypasses certain safeguards.