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Restorative justice theory
What is restorative justice? essay
Essays O The Principles Of Restorative Justice
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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
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.
There are many differences between retributive and restorative justice. Their view on crime, how to control criminality, and response to crime differ. Retributive justice considers the offender taking accountability when they have been punished, while restorative justice focuses on the offender taking responsibility for their actions and attempting to repair the harm that their crime caused. Crime control is a role of the community in restorative justice, as opposed to the criminal justice system in retributive justice. Victims and the community play greater roles in the restorative justice model.
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 is an alternative approach to criminal justice, which focuses less on abstract legal principles and more on the needs and interests of all parties affected within a particular situation (Williams & Arrigo, 2012 p.206). Restorative justice focuses attention on who was affected or harmed by an action; it allows the person who caused the harm and the community to create a meaningful solution. The victim offender mediation is a restorative justice program where the person who has suffered physical or emotional harm, property damage, or economic loss as a result of a crime meets with his or her offender face to face in the presence of a trained mediator in a safe structured environment. In this program the victims have the chance to talk about
Discussion 1_ Going Straight Explanation of the Four “H’s” as they Relate the Society Bartollas & Miller (2014), identify four key components that are critical to facilitating a juveniles’ ability to turn their lives around for the better. These four essential components included habilitation, healing, hope, and honor. Habilitation involves teaching juveniles to respect the system and abide by its principles and conventions. It helps juveniles appreciate the importance of living productively within the community, and assist the juvenile become a better citizen in order to be released into the community.
Prior to analysing the applicability of the restorative justice approach vis-à-vis sexual violence or gendered harms, it is pertinent to understand that sexual violence is a serious breach of trust and often a relationship betrayal. In the context of India, the offence of sexual violence may comprise of sexual harassment of women, use of criminal force to women with the intent to outrage her modesty or with the intent to disrobe, stalking, voyeurism and rape. The survivors and offenders of sexual violence suffer from discriminating feelings of humiliation and stigma as a result of the responses from their surroundings. While on one hand, the survivors are not readily accepted by the society and there is a propagation of indignity and stigma
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.
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).
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
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 or restorative justice is described as how to correct and to have just, to put things back to what they used to be, if they aren’t as they should be and a betrayed person may seek restitution. Restitution means change for the situation that is upon now, therefor it usually includes some kind of contrition to demonstrate one has
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.
