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Theories of restorative justice
Restorative justice methods
Restorative justice methods
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More handpicked essays just for you.
Theories of restorative justice
Restorative justice methods
Restorative justice methods
Don’t take our word for it - see why 10 million students trust us with their essay needs.
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.
Circle of Justice vs. The Criminal Justice System Everyone is innocent until proven guilty in the court of law. The Circle Justice system is the native American way of justice. The Criminal Justice system is the American way of justice. Both of the systems are alike, but they sometimes have different outcomes.
The support for restorative justice stems from a strong commitment to social justice and the notion that the US judicial system must fundamentally change its approach to encourage healing and repair injustice. Focusing on mass imprisonment and punishment helps cause the pain and trouble that people involved in America’s justice system face every day due to the ignorant, constant system that is still
Restorative justice also known as balanced and restorative justice is “a sentencing model that builds on restitution and community participation in an attempt to make the victim whole again (Schmalleger 269).” Restorative justice focuses on “crime as harm and justice as repairing the harm”. This type of justice places crime control primarily in the hands of the community. 3. Indeterminate sentencing encourages rehabilitation using general unspecific sentences.
Being a voluntary process, restorative justice requires the offender to take responsibility for their actions, truly understand their impact, and begin a journey of healing (Eggleton & Saint-Germain, 2018). Many Indigenous offenders are the product of their circumstances and feel helpless against the systemic hurdles they must overcome within society (Editorial Board, 2022). Restorative justice takes a less traditional approach compared to the oppressive justice system of today, enabling the Indigenous offender to be treated as a human being, and not just another statistic (Eggleton & Saint-Germain,
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.
Restorative Justice past practices and activities that are popular within the Restorative justice movement are Prisoner rights and alternatives to prisons, which is a program to change prison condition and minimize incarceration sentencing, Conflict Resolution is a program that creates neighborhood justice centers available to the community. The Victim offender Reconciliation program (VORPs) is a meeting between the victim and the community, Victim-Offender Mediation (VOMS) is mediation between the victim and the offender, Victim Advocacy is the victim rights group which focused on the efforts for restitution for the crime. The family group conferences (FGCs) allow the victim and family and the offenders to meet. The Sentencing Circle includes
Within the judicial and criminal justice systems, restorative justice is seen as a forward moving process in regards to the way in which the sentencing of offenders is handled (Britto & Reimund, 2013). Restorative justice works to focus on the needs of both the victim and the offender but incorporates the community as well as those who support both the victim and offender (Britto & Reimund, 2013). The approach of restorative justice in not simply a means by which society responds to and reduces crime but instead, provides an equivalently valuable social response to crime (Dancig-Rosenberg and Galt, 2013). Furthermore, the restorative approach places emphasis on the personal and relational harms which were caused by the crime while creating space for dialogue concerning the actual damage, whether directly or
Retributive Justice is flawed in many ways, and while the intent may be well rounded, the process of implementing such a system is far stretched and not ideal. A better system of criminal justice is much more restitution theory focused. The idea of punishment in the retributive view is to cause more harm to someone than serve justice to the victim. Our criminal justice system has a need to serve justice, not punish and provide entertainment. Punishment is simply not a logical answer to everything our legal systems face, and restitution can be a much easier process.
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).
Assignment #1 Review questions Chap. 1 p. 26: 1. A single standard of ethics cannot be applied to all criminal justice agencies. The world is too complex to legislate morality and ethics. The cultures that make up each part of the world are not the same.
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
Corrective justice is defined as an unfair advantage or unjust enrichment that occurs in a contract disputes or criminal. That is looked at typically as righting the wrong. Therefore, it cannot be relevant a lot of aspects in civil law like contract disputes, some form of business, or consumer conflict. Corrective justice can be justifiable when determining guilt and dispensing punishment for criminal offenses.
Punishment is an infliction of a penalty that resulted from an offence. Punishment is also naturally justified when administered to those who deserve it. Retributivists claim that people who break the law deserve the punishment they get. Retributivism views punishment as a fair judgment and believe that the state should punish those who are found guilty of their wrongdoing because they deserve it. A person deserves the same treatment they inflict on others.
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.