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Restorative Justice: Criticisms Of The Retributive Criminal Justice System

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Dominated by ritualistic confines of penance and convoluted legalese, criticisms of the traditional retributive criminal justice system has led to the increase in the popularity of restorative justice (RJ). Consedine defines restorative justice as a “constructive mechanism” designed to foster reconciliation for victims and offenders through mediation (Consedine, 1995: 9). Walgrave notes that due to the complex interpretations of reconciliation and forgiveness it is imperative that an “espresso- definition” of RJ is promoted to ensure its effectiveness (Walgrave, 2008:18). The purpose of restorative justice is to uphold victim rights, inform offenders of wrongdoing and to reduce the “visceral” impact of crime on communities (Morrison, 2012). The NSW Drug Court Act 1998 No 150, Section 3 Objects is a contemporary example of a restorative based scheme involving “compulsory …show more content…

Crime victim Dolman fervently noted that the offence “didn’t happen to the fucking queen” a passionate feeling of disillusionment that restorative processes seek to redress (Dolman 2001: 144 cited by Richards 2009: 303). RJ schemes primarily provide opportunities for social restoration as evident in a 1993 NZ case where the families of two young car crash victims welcomed their accused with mercy rather than bitterness. (Braithwaite, 1999:2) (Consedine, 1995: 9). Whilst emotional catharsis for victims following serious crimes is the goal of RJ it is subjugated by current Australian restorative schemes that almost solely address “shallow end” or minor crimes that have little victim impact (Richards 2009) (Garland 2001: 169 cited by Richards 2009: 304). Jacqueline Joudo Larsen’s report for the Australian Institute of Criminology (AIC) shows that current conferencing for NSW offenders omits “sexual assault…and offences causing death” – arguably cases that would best benefit from mediation (AIC

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Abstract The purpose of this research paper is to choose which of these models of justice: retributive, utilitarian, restorative or parallel, is appropriate for the Jonathan Nathaniel Ramsey case. We need justice to be delivered efficiently, effectively in order to make sure the offenders are held accountable and the victims receive assistance. Each crime that is committed needs to be addressed properly. When the crimes are not then that leads to the unrest in the community and to the victims.

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B. Restorative Justice There is some theoretical ambiguity in the meaning of Restorative Justice in spite of the many definitions and studies done on the subject. Restorative Justice has been defined as “an ethos with practical goals, among which to restore harm by including affected parties in a (direct or indirect) encounter and a process of understanding through voluntary and honest dialogue.” It is primarily concerned with the reinstatement of victims to life before the crime, restoration of the Offender to a well behaved and lawful life, restoration of the injury caused to the community and the creation of a better society in the present and the future. Restorative Justice is not easily defined because it covers a wide range of practices introduced at different stages of the criminal process, including diversion from prosecution, actions analogous with court decisions and meetings between victims and offenders at any stage of the criminal process. One widely-accepted definition of restorative justice was put forward by Tony Marshall which was also accepted by the United Nations Working Party on Restorative Justice, defined restorative justice as; “a process whereby all parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of an offence and its implications for the future.”

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1. Restorative Justice response to the crime/setting Restorative justice is the repair of justice by reaffirming a shared consensus of values involving a joint or multisided approach; emphasizes victim, community, and offender. In the novel Buck: A Memoir by MK Asante Chapter 7 correlates with the perspective restorative justice. The crime in relation to the perspective was when Uzi, Malo’s brother was jailed for sleeping with a white girl that was thirteen after she lied that she was sixteen and him

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The current retributive justice system recognises victims only symbolically, thereby denying them real participation in decision making. In order to ensure maximum victim participation, the restorative justice approach comes as a contrast to the traditional criminal justice system. The process of recovery from crime needs to involve a process of coming to terms with the occurrence of crime and reducing self blame . These feelings of self-blame and the impact of crime tend to be more devastating and long lasting for cases of sexual offending. The restorative approach prefers the use of the term ‘survivor’ rather than the term ‘victim’ which is ingrained in passivity, suffering and self-blame.

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Restorative justice is a relatively new development within the criminal justice system, which focuses on the rehabilitation of offenders and the victims of their crimes. Rather than focus on punishing the offender, restorative justice works to reconcile the offender with their victims and community. This new form of justice places an emphasis on the interpersonal aspect of crime, and works to better each individual offender’s and victim’s experience with the criminal justice system. The individuality of the process shifts the focus to ask who has been hurt, what do they need and how can it best be provided. The restorative justice system differs from the normative criminal justice system in its core values.

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There are several old ways of solving crime according to many sources, but restorative justice is a type of rehabilitation process which focuses on repairing, and as the word suggest brings restoration. It rebuilds the lives of individuals who are involve in crime. While crime damages a person life, restorative justice repairs it (Office for Victims of Crime, 2000; Morris and Maxwell, 2001). There are three main stakeholders in a restorative justice process, these are the victims, the offender, and the community, therefore when crime is committed restorative justice sees it as an office against people and not against the state. I believe that in order for restorative justice process to be successful all three parties involve, citizens, victims,

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After that has been established, the group identifies the core reason the youth offender committed the crime. Following, with how to make amends, punishment, and rehabilitation for all parties. The book ‘Accountability in Restorative Justice’, by Declan Roche, discusses the effectiveness of accountability in restorative justice stating, “Meetings give to victims the opportunity to express in their own words the harm they have suffered, and to offenders the opportunity to explain their actions and make amends, and perhaps assuage their feelings of guilt,” (page 2). Having the offender hear face to face the consequences of their actions makes them feel a strong sense of guilt and regretfulness. This often results in the offender having sympathy and sorrow for the victim, and the offender not wanting to cause this harm again to someone else, will put more effort into not being incarcerated.

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These implications can have positive or negative results with the victim, offender, or both. Since restorative justice is a voluntary approach in hoping to restore harm done by an offender, it is also optimistic that it can create a more compassionate justice system for the victims and communities affected by the crime. In allowing a meeting with the offender, they can have a conversation, treating each other with respect, not interrupting each other as they speak, and forging a relationship that can result in forgiveness by the victim and accountability by the offender. In addition, the dialogue between the parties allows the victim to be heard, how they feel and how they are hurting, but also to hear the reasons why the offense occurred. Although, it cannot bring back the life that was taken, restorative justice can help the victim or victims regain a sense of power that they felt they lost or gain independence to move on.

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4 Criticism and Challenges The first point of criticism against victim participation in restorative justice processes arises from scepticism about an apology to the victim as a way of dealing with criminal matters. The perception sometimes exists as to it simply being a way to get away with the crime.106 Members of the public should thus be educated to understand that restorative justice is more than a mere saying sorry, but in the context of victim offender mediation or family group conferences it rather affords the victim the opportunity to confront the child offender with the real and human cost of his or her criminal actions. Another concern deals with the possible secondary victimisation of the victim in the case where the offender pretends

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