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Theory of restorative justice
Theory of restorative justice
Theory of restorative justice
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Recommended: Theory of restorative justice
This process will ensure that each offender receives the proper punishment and that the community is satisfied with the decision. The offender-based models, retributive and utilitarian, does not help the victim recover. Restorative justice is designed
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.
By learning how to be genuinely accountable for their actions, past offenders who go through the COSA program are substantially less likely to reoffend, or at least reoffend to the same degree, than offenders who do not receive that kind of support. There are programs across the country that are dedicated to restoration and healing for victims and offenders alike, and it has become abundantly clear that these programs are vital for introducing effective reintegration practices into
While youth offenders will still have the same positive impacts, there would be additional negative impacts that arise. As more youth offenders are obligated to attend a restorative justice conference, then there may be more young people attending who are not understanding the process or what is occurring and hence are not impacted the same way someone who understands the process would be. This means that these young people would not be receiving the positive impacts youth conferencing has. Additionally, if more youth offenders are obligated to attend a conference, then an increased number of young people would be attending with the intention, not to learn from their mistakes, but simply to avoid going to jail or receiving a sentence on their criminal record. This means the youth offenders would be attending these conferences because they must, not because they want to.
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.
The idea of restorative justice does have defects to it. For example, in cases where there is no particular victim, for example a drug related community case, who is the onus put on for what happens to the offender? And who receives compensation for the crime? The state.
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
Restorative Justice approach, which balances the needs of the offender, the victim, and the community”(Juvenile Review Board, 2015). Our system wants more diversity on the board to represent the juveniles out in the community. There is no specific program we have made for this issue because you cannot put a review board into a program and the problem is solved. You have to start with the officials and move your way up.
For example, a teenager steals an old lady’s purse and when exposed to restorative justice, the teenager has to give back all the money that they stole. It has nothing to do with handing out justice equally, it’s about restoring the feeling of safety and peace of mind to the victim and the community as a
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
I believe that restorative justice could be a good idea for the United States if it is used correctly. I think that if restorative justice is used correctly, it could really benefit everyone involved: the victim, offender, family, and the community. Some of the restorative justice ways can also help victims move past what has happened to them and live a more normal life again. I think restorative justice would also benefit the United States because it can help the offender have a better life after. I think that restorative justice needs to be used correctly because if it is not done right it could actually cause more harm.
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.