Introduction
Restorative justice is a comparative newcomer to the world of criminal justice; however restorative justice has been around, ‘officially’- by means of legislation for 14 years, and unofficially (in innovative practice), for longer. The knowledge and skills associated with restorative justice have slowly but surely migrated to other services, such as education, with startling results (Daniels, 2013). With the criminal justice system being so unfair and bias for years maybe even centuries, restorative justice has been bought up as a useful tool for victims and offenders. Plenty of scholarly articles, journals, books, and research have been written about Restorative Justice.
A BRIEF OVERVIEW OF RESTORATIVE JUSTICE
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 stigmatizes them, worsening the situation instead of improving it. Many have attempted to facilitate a consensual understanding for RJ. The truth is that has not yet been possible for RJ proponents to formulate a definition to which all would be subscribed. (Gavrielides, 2008)
What’s required for the successes of restorative justice when an event occurs that disrupt the equilibrium, methods must be establish
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).
Restorative justice is defined as “using humanistic, no punitive strategies to right wrongs and restore social harmony” (Siegel, 2008, p. 189). Instead of imposing harsh penalties on offenders like long prison sentences or even the death penalty, restorative justice calls for a more rehabilitative approach, such as reconciliation and offender assistance.
Its most commonly known definition was provided by Marshall in 1996, that describes restorative justice as a process where both parties; victims and offenders, work together to restore, resolve and deal with the after effects of the offence and future ramifications (as cited in Van Camp & Wemmers, 2013). The concept of restorative justice originally derived from various indigenous and pre-industrial western justice practices, however, in the 1970's it begun to appear in modern times and was then developed as a reference to describe victim-offender programs that were developed in North America (Strang, 2001). Restorative Justice approaches spread across the world in the 1990's, where many countries such as Canada, Australia and the United Kingdom, began introducing these approaches as alternatives in their criminal justice systems (Braithwaite, 1999). The concept of restorative justice usually involves victim and offender direct participation and is conducted in the form of conferences or mediation. This is where both parties; the victims and offenders, come together fact-to-face in one location, alongside a facilitator, police and support people, and work out together the consequences of the offenders actions and the
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).
“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
Question 1. Both Thomas Mathiesen and Stanley Cohen argue that the alternative criminal justice responses that were presented after the 1970s were not real alternatives (Tabibi, 2015a). With this they are referring to community justice alternatives generally, and Restorative Justice specifically. The argument here is that Restorative Justice cannot be a real alternative because it is finished and is based on the premises of the old system (Mathiesen, 1974). Restorative Justice is not an alternative because it has not solved the issues surrounding the penal system (Tabibi, 2015a). Cohen (1985) supports this sentiment, and suggests that community based alternatives have actually led to a net widening and expansion of the retributive criminal
Restorative justice ways are a very controversial topic. Many people have different opinions about whether restorative justice is a good idea or not. Restorative prisons are a part of restorative justice and they can positively impact many people who were involved in some way of the crime or not. One way of restorative prisons are very effective and beneficial is because it gives the perpetrator more of an option on rebuilding their life after. It also helps the perpetrator see the good in themselves as well as others see the good in this perpetrator. Restorative prisons don’t just give the perpetrator freedom right away they have to go through a process to prove that they want to be a better person so they are not just receiving freedom
The purpose of the restorative justice involves three basic goals: reestablishing the victims, reuniting offenders to the community, and helping to heal the community (Goodstein, and Butterfield, 2010). After being charged with an offense, the offender will always have that label on them and how everyone acts towards the offender will change. Restorative justice practices gives the offender a chance to change their outlook on life after being charged. These type of practices involve repairing and restoring relationships. Victims have the chance to come face-to-face with their offenders which could possibly lead to closure.
There are many cases that show that just by punishing offenders, doesn’t teach them the lesson. Restorative justice is a different approach to dealing with criminal justice. Restorative justice focuses on the needs of offenders and victims and their families. Rather than just punishment,
Restorative justice- an approach to corrective justice that focuses on meeting the need of all concerned.
“Restorative justice is a process whereby parties with a stake in a specific offence collectively resolve how to deal with the aftermath of the offence and its implications for the future” (Munchie, 2004).
The focus of the current mainstream criminal justice (CJ) system and the focus of restorative justice (RJ) are where true differences lie. The current criminal justice system focuses on punishment, while restorative justice emphasizes repairing the harm that has been caused (Wormer and Walker, 2013). In the restorative justice process, many people are directly involved, including: those who have been harmed and their families, those who have caused harm and their families, and the relevant community (Wormer and Walker, 2013). Today’s criminal justice system is different in that individuals are
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).