Transformative Justice: The Current Criminal Justice System

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.

Courts are established social, political, and judicial institutions necessary for the manifestation of justice and the maintenance of law and order. The courts are part of the judicial branch of government, as outlined in Article III of the United States Constitution. Courts are the arenas in which the law is tried and applied. Judges are the presiding officers of the court. The United States Supreme Court is the most fundamental court because has "the authority to decide the constitutionality of federal laws and resolve other disputes over them," (United States Courts, 2012). This is true even though even though the court does not expressly enforce that law; enforcement is the province of the executive branch.

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 our Justice system is not perfect, but nothing is. Everything has its pros and cons, its ups and downs and its strengths and flaws. There are things that we can appreciate from how our Justice system is ran and of course there is some that we would like to change. I believe that our Justice system works but that there are things we could change or fix to make it even better.

Mass incarceration has been an issue in the United States since the start of the War on Drugs, because of the political agenda attached to the “tough on crime” regimen thousands of people have suffered as a consequence. The solution to this is one that can only be possibly solved by approaching through several angles. The ten steps presented by Michael Tonry, are an innovative and have merit to some extent. However, mass incarceration results from more than unjust sentencing laws, which is his main focus. If ever we are to resolve the issue, society and the criminal justice system must come together to completely reevaluate what we consider to be “tough on crime” and redefine the purpose of prisons, strictly punishment or rehabilitation. The focus has to shift from harsh sentencing, stigma, racial discrimination to a basic form of rehabilitation and reduction of the prison system in general. The criminal justice system has to do what they are actually meant to do and focus on rehabilitation measures, and when possible completely stop interaction with the prison system all together.

The Criminal Justice System has undergone numerous, yet significant, changes within the last century. In fact, current research reflects the progressive movement from one of rehabilitation to that of punishment and retribution. Such transition reflects issues pertaining to the management and supervision and treatment of offenders. This study will, therefore, consider and evaluate dilemmas within the Criminal Justice System, as well as, issues that have transpired while trying to reduce crime through punishment. Furthermore, the Criminal Justice System will be discussed through a law perspective regarding supervision and management in order to understand the current challenges and issues involving crime.

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

Our criminal justice system is complex and multi-faceted. When people talk about criminal justice reform, they are actually referring to a number of distinct issues and problems. On a national level, the focus on reform can be seen as a recognition that the “tough on crime” legislation that was all the rage in the 1980s and 1990s – mandatory minimums, “three strikes” laws, enhanced sentences for drug crimes to name a few examples – created more problems than they were designed

The criminal justice system has many flaws that many people believe It is broken. The first step of fixing the system is by acknowledging that the system is broken. According to the documentary Fixing the System, the increase of incarceration is due to nonviolent drug offenses. There are more drug offenses than for homicide, aggravated assault, kidnapping, immigration, sex offenses, etc., combined. The cost for incarceration has dramatically increased as people kept getting incarceration due to the nonviolent drug offenses. President George W. Bush decided that building more prisons and jails was the best way to teach the lesson of war on drugs. Although incarcerating individuals’ due drugs wasn’t helping get rid of the problem because they

With the belief that the former policy of rehabilitation no longer sufficed to meet the needs of the countries growing criminal population, new policies enforced harsher punishments, longer sentencing ranges with the removal of early release privileges, and reinstated the practice of capital punishment (Miethe & Lu, 2005). For professionals in the field, who intend to make strides, which have a positive impact on the future of crime, it is critical for them to understand this history. It is simply not enough to know it. Within the patterns, there is a message and an answer of how to effectively deal with the crisis faced today as a result of the policy changes. The crisis of not only how to handle offenders, but how to appropriately deter

The American Justice System, once seen as a model system of how every justice system should be around the world. I believe the American Justice System is more broken than ever. A reason I believe that is because of all the cases involving African Americans being killed by police officers, and that the media portrays them negatively when they are just doing their job.

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).

Criminal Justice in general terms refers to the agencies of government charged with enforcing law, adjudicating crime, and correcting criminal conduct in the society. The criminal justice system is essentially an instrument of social control used by the government. Society considers some behaviors so dangerous and destructive that it either tries to strictly control their occurrence or outlaws them outright. It is therefore, the job of the agencies of justice to prevent these behaviors by apprehending and punishing transgressors or deterring their future occurrence.

The criminal justice system of the United States is based on a system fragmentation and operation. This system consists of overlapping powers between the state and federal laws that creates a conflict with regards to criminal justice. Consequently, this generates a dysfunctional and inefficient system that a times fails to produce credibility in criminal justice. The rationale behind this is that there is no clear interpretation concerning where federal law ends and where state law begins.