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Restorative Justice In Criminal Justice
Restorative Justice In Criminal Justice
Restorative Justice In Criminal 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
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.
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.”
The balanced and restorative approach provides a significant change in toles and image of the juvenile justice system from a revolving door to a resource. The resource makes juvenile offenders accountable and enhances the quality of life within communities by community restoration using preventive services to help improve the safety of the community. 2-Compare and contrast the different types of restorative justice (i.e., VOM, FGC, NRB, peacemaking/sentencing circles)
Restorative justice is a sentencing model that builds on restitution and community participation in an attempt to make a victim “whole again” (Schmalleger, 2010). Restorative justice can be explained as a form of punishment, which everyone involved or affected by a crime gets a feeling of peace after all if finalized. Both the victim and the offender have to agree to participate in restorative justice. There are needs that have to be met through restorative justice, which are the victim must be
It also had significant benefits for the victims as they were allowed to work through the emotions of their victimization in a more healthy manner and in a safe and supported environment (Strang et al., 2012). While restorative justice conferencing still needs some improvements to have an overall efficient and effective response to criminal offending, early research indicates that it is a more progressive and successful approach to reducing crime in comparison to the traditional goals of criminal
What is Restorative Justice? Restorative Justice brings those harmed by crime, and those responsible for the harm, into communication, enabling everyone affected by a particular incident - victim, offender, their family or friends, and the wider community in general - to play a part in repairing the harm and finding a positive way forward. For victims, their harm or loss can be acknowledged, their questions answered and some amends made if that is what they wish.
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
A common theme among restorative justice (RJ) practices, as a whole, is to hold offenders accountable and empower victims. The sentencing circle, also known as the peacemaking circle, is a community-based practice with the primary goal of determining a suitable punishment that meets the needs of all parties associated with the offense. There are, however, other RJ practices, specifically ones used in cases of intimate family or domestic violence, that are in contract to the sentencing circle. For example, victim-survivor panels are a common RJ practice for victims of domestic or sexual violence. Victims do not face their abuser but rather the attendees are individuals, typically men, responsible for committing similar offenses as those described
Victim-Offender reconciliation(mediation) and Conferencing in Prisons There are many restorative justice practices that have been developed over the past many years. However, most of these practices are employed and adopted in community settings, including the Victim-Offender Reconciliation(mediation) and conferencing. This program first introduced in Canada around early 1970’s in Ontario as an experiment with the name of Victim Offender Mediation(Dhami et al, 2009).
Seize the Day William Shakespeare lived during the Elizabethan Age, an era of relative political stability. Under the rule of the benevolent Elizabeth I, the common folk were well fed and content. Referred to as the golden age in british history, this time period was known as a renaissance that ignited artistic movements and inspired national pride through international expansion, and naval victories over the Spanish. In addition to music, theatre and literature flourished thanks to the likes of Christopher Marlowe, Edmund Spenser, and of course Shakespeare himself. Shakespeare’s writing cannot be confined to one literary movement or one theme: his works explored countless concepts and utilized various writing methods.
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
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.
