The Family Model Of Restorative Justice By John Braithwaite

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 tension between rehabilitation and punishment has been increasing dramatically. This is because there have been sharp rises in the prison population and repeat offender rates. When one area is over emphasized in relation to the other, there is the possibility that imbalances will occur. Over the course of time, these issues can create challenges that will impact the criminal justice system and society at large. (Gadek, 2010) (Clear, 2011) (Gatotch, 2011)

Braithwaite’s reintegrative shaming theory draws on traditional criminological theories such as labelling, subcultural, opportunity, control, differential association and social learning theories (Braithwaite, 1989). John Braithwaite first put forward his theory of reintegrative shaming in his book, Crime, Shame

This essay will critically analyse and discuss the strengths and weaknesses of retributivism. Throughout history the term “retributivism” has had a diverse though correlated meanings. The most significant meaning of retributivism is righting or rebalancing the scale of justice, through the use of mechanisms such as punishment e.g. punishing criminals in order to achieve justice for the offence they have committed. Retributivism also looks back at the offence, since the offender has committed a wrongful offence which needs to be punished. One of the core reasons why offenders should be punished is that they need to ‘pay back’ for the offence they have committed; the theory that is associated with retributivism is the just deserts theory. A theory is a concept that is based upon a hypothesis that can be supported with evidence. The just desert theory is used to justify retributivism punishment. Unlike other theories of punishment that mainly concentrates on preventing future crime, such as rehabilitation, deterrence and reductivism. The retributivist theory primarily concentrates on punishing past crimes. Although others would disagree with this for the reason that they think punishment should be used to ‘reduce’ and ‘prevent future crimes’ (Carlsmith et al., 2002 p284). The essay will take into account the views of various theories; theorist and philosophers so that the strengths and weaknesses of

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

As a country, we should care about all of our citizens and work toward bettering them, because we are only as strong as our weakest link. When it concerns the issue of corrections it should not be a discussion of punishment or rehabilitation. Instead, it should be a balance of both that puts the spotlight on rehabilitating offenders that are capable and willing to change their lives for the better. Through rehabilitation a number of issues in the corrections field can be solved from mental health to overcrowding. More importantly, it allows offenders the chance to do and be better once released from prison. This paper analyzes what both rehabilitation and punishment are as well as how they play a part in corrections. It also discusses the current reasons that punishment as the dominant model of corrections is not as effective as rehabilitation. After explaining rehabilitation and punishment, then breaking down the issues with punishment, I will recommend a plan for balance. A plan that will lower incarceration rates and give offenders a second chance.

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 legal definition of crime is “an act of violation of a criminal law for which a punishment is prescribed; the person committing it must have intended to do so and must have done so without legally acceptable defence or justification” (Walsh & Hemmens 2008:2). Alternatively, deviance is any social behaviour which departs from that regarded as ‘normal’ or socially acceptable within a society or social context (Jary & Jary 1991:160). The underlining focus of my essay is The Criminal Justice System in England and Wales which is a key public service consisting of various bodies and individuals including: the Police, Crown Prosecution Service, Her Majesty’s Court Service, National Offender Management Services (Probation and Prisons) and Youth Justice Board.

The three key goals victims can pursue through the criminal justice system is to punish the offender, compel law breakers to undergo rehabilitate treatment and restitution. Punishment is usually justified on utilitarian grounds as evil. Although it is argued that making transgressors suffer curbs future criminality in a number of ways. It is said if an offender gets punished by unpleasant and unwanted consequences it will most likely discouraged him/her from breaking the law again. Also it satisfies victims thirst for revenge and prevents future vigilantism and incapacitates dangerous predators so they can be off the streets; a safer community. Rehabilitation, some victims want professionals to help offenders become decent,

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 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.

With the rise of Civil Rights Movement in western countries, the circumstances of the criminal victims are getting more attention gradually. Due to this emphasis, it directly led to a first revolution in the criminal justice, the revival Restorative justice. For a criminal justice system, victim support and healing is a priority which might seem an obvious aim. "Restorative Justice" was first introduced by an American professor, Randy Barnett in 1977. Nowadays, restorative justice systems have been applied to criminal justice system in many countries (Tai Wan, Australia, the US and the UK etc). In spite of many researches of restorative justice composed by western scholars, however it has not yet been defined properly and cover over the cons of this system. Restorative Justice repairs the harm that caused by crime and reducing the future harm on victims, there are advantages yet there are also bad. In this essay, I will use the application of the principles of sociology, literature, ethics knowledge to demonstrate argumentation to restorative justice and to reflect the pros and cons. (160words)

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).