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Advantage and disadvantage of restorative justice
Restorative justice disadvantages
Theories of restorative justice
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Some benefits reduce crime victims’ post-traumatic stress systems and it reduces crime victims’ desire for violent rage against their offenders. It also reduces repeat offending for some offenders although not all. Circle Justice has many benefits but It also has lots of weaknesses such as how its inability to prevent potential for uneven or discriminating outcomes for sentencing and restitution, it encourages perpetrators of crimes to restore the harm they created. In US Criminal
110). According to the author, the aim of restorative justice is to heal communities from an incident where people were harmed and, ideally, help prevent the same thing from happening again. I believe that, there is going to be a higher possibility of crime reduction in schools and in different neighborhood if victims and offenders mediate a restitution agreement to the satisfaction of each other. In conjunction to this, if the government can be more committed in supporting these approaches, I believe that there will be a massive drop in crime
Restorative Justice works to bring the offender back up to the even level by having the offender amend their actions to all parties involved. I do not however think the probability of an additional system parallel to our current justice system will ever exist. Additionally, I think all parties must
Money is everything in today’s world, more money means more power , so corporations for their major contributions to the economy by giving jobs and paying taxes are favoured by judges whilst an individual is nothing to compare, and yet again corporation can afford to hire better lawyers than what an individual could, rarely does it happen that you hear on the news about an individual who beat a corporation in a court debate, also because of the toll and srees that an individual would have to go through in order to beat a corporation in court. Natalie DeFreitas has made numerous points as to why restorative justice as better than/more effective than the current law system here in Canada. The speaker talked about the 70% recurrence of crimes whereas only 15% repeat crimes after restorative justice, Texas’ crime rates and jail enrollment have dropped, the cost of jail enrollment is 115,000 CAD$ for one year per person, whereas restorative justice only costs about 10,000 CAD$ for the same person throughout the same term and how much more effective can restorative justice be with a provided life example of John’s case, the bottom line is that restorative justice reduces crimes, improves the lives of criminals by healing and makes communities a safer
Restorative justice is a very selective process, and can only truly work if both the victim and the offender agree to the terms of the conversation. In other words, strict vetting must be done on both the victim and the offender in order for restorative justice to occur. For this type of justice to actually be able to really work and bring about rehabilitation participation must be 100% voluntary otherwise it will fail. This among other things can be listed as a limitation of restorative justice. Another disadvantage is, that restorative justice cannot be implemented in all categories of crimes.
This type of justice system is designed very differently when compared with the retributive justice system. The restorative justice system endeavours to bring the victim and the offender together and allow them to speak with each other in the hopes to support the healing process. It will enable the victims to express themselves to the offender and lets the offender apologize and express their feelings to the victim. The restorative justice system often offers the victims of crime closure. The system encourages both parties to reveal themselves to each other and develop a solution for the future to satisfy both parties involved.
The impacts and benefits youth restorative justice has on victims are that it allows for the victims to talk to the youth offender and tell their story, ask questions of the offender, and understand the offence committed against them and the offender's story. This allows the victim to have a say about not only the crime but also the outcome and what the young person should do to make up for the harm. From this, the victim can begin to move on from the crime and regain their confidence and sense of safety while they are out and in the community. Not only does restorative justice conferencing impact the victims, but the victims also have an impact on the youth offenders.
The Restorative Justice System focuses on problem solving, liabilities, and obligations. It focuses on the future instead of the past. It would help the boys take responsibility for their actions and be able to restore the crime they committed in the community. The four boys are also first time offenders, which also plays a huge factor because you can see they never intended for what they did to turn out so bad in the end. For the Restorative Justice System you have to be first time offenders so that they are able to help you.
This is explained due to restorative justice taking different forms and that it can be implemented in various ways, from community-based programs to court-ordered programs (Dandurand & Griffiths, 2006). However, it is widely recognized that restorative justice is proliferating across the country, with many criminal justice agencies, schools, and communities implementing the programs. The National Association of Restorative Justice lists several states, such as California, Colorado, Minnesota, New York, and Oregon, as having well-established restorative justice programs (NACRJ, 2022). The Restorative Justice Program is based on the principle that when a crime is committed, it harms the victim, the community, and the offender. The program aims to repair the harm and restore the relationships between the parties involved by bringing them together to participate in a dialogue.
Restorative justice improves the understanding of the root cause for both crime and conflicts. Restorative justice is a lot cheaper and more efficient. Restorative justice is not a process or a set of uniform practices rather it is more of an idea, philosophy, set of values.
Today our justice system has a multitude of options when dealing with those who are convicted of offenses. However, many argue that retributive justice is the only real justice there is. This is mainly because its advantage is that it gives criminals the appropriate punishment that they deserve. The goals of this approach are clear and direct. In his book The Little Book of Restorative Justice, Zehr Howard (2002), illustrates that the central focus of retributive justice is offenders getting what they deserve (p. 30).
Restorative Justice processes are likely to reduce criminals from repeating offenses, as numerous recidivism studies have demonstrated. Thus, it would be more than justified to employ restorative processes a response to crimes under
Notably, ‘Retributive Justice’ tackles the wrong done by an individual or individuals and attempts to make it right by a means of inflicting pain and suffering on the alleged wrongdoer. For instance when an individual does something wrong that is by law considered a crime, that person or persons are to suffer, whilst learning their lesson from such pain and suffering. As such, most people tend to abstain from any likelihood of doing any activities which is considered wrong, because of the realistic threat of punishment by the relevant authorities. However, ‘Restorative Justice’ is the complete opposite as it strives to repair the wrong act committed, via an approach to justice that concentrates on the offenders’ and victims’ need, as an alternative
In a research study conducted by Bonta et. al., a sample of offenders who were likely to be imprisoned, they had their cases diverted to a Restorative Justice program. It is important to again note that domestic and sexual violence offenders were excluded from this study. This study found that there were significantly lower rates of recidivism among the participants in the Restorative Justice program in comparison to their probationary counterparts. It is suggested that the most strongly correlated variables to lower recidivism rates were victim impact statements, restitution, and community service.
Batley (2005) stated that restorative justice is about restoring, healing and re- integrating victims, offenders, as well as the society and also preventing further harm. In this assignment, I will be discussing approaches to restorative justice and illustrating their advantages and disadvantages to offending. I will also provide the applications of these five approaches of restorative justice which are retributive approach, utilitarian deterrence approach, rehabilitation approach, restitution approach and restorative approach in the given case study. I will then explain my preferred approach to justice through identifying a personal belief or value that underpins my choice.
