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Advantage and disadvantage of restorative justice
List and explain the advantages of restorative justice
Theory of restorative justice
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Education will be provided to the juveniles to explain the repercussions of their actions and the results of another offence. Education will also be proved to the parents/guardians to improve the home situation and how to help the juvenile take on the restorative justice program in full force. Pre-program assessments must be completed for every juvenile to be place in this restorative justice program. Assessments will be taken often during and after the programs completion. The initial assessment will be a set in place to gather background information on the juveniles family/community situation, and continuous mental, physical and
The act believes that young people are still in the early stages of learning and are most likely to respond to treatment programs. The purpose of rehabilitation is to repair the relationships and the situations going on in the youth’s lives that drove the youth to commit the offence. Therefore, the Youth Criminal Justice Act is effective in deterring juvenile crime because the youth receives proper
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
According to statistics from the U.S. Office of Juvenile Justice and Delinquency Prevention, “there were seventy-eight youth courts in 1994, and there are now approximately 1,400 youth courts in forty-nine states” ("Fact Sheet: Youth Courts", 1) Comparative, California only had two Teen Courts in 1991 but has since grown to have over sixty different programs. This community-based rehabilitation program has succeeded in hundreds of communities across the country on the grounds that they offer the juvenile offender the opportunity to learn how the criminal justice system works, as well as their rights and responsibilities that are coupled with the system. Recent studies show that teen court participation produces a cost-effective program, accountability in young offenders, better community connections, youth influencing youth, and also prevents further delinquent acts ("Fact Sheet: Youth Courts", 2). With the assistance of restorative justice sentencing and harm reduction alternatives to the juvenile justice system, communities around the United States are taking a practical and beneficial approach to the traditional juvenile justice
In contrast, in adult justice system, parole is primarily based on surveillance and monitoring of illicit behavior. The juvenile justice system aims at the rehabilitation of juvenile offenders. The underlying rationales of the juvenile court system are that youth are developmentally different from adults and that their behavior is malleable. Rehabilitation and treatment, in addition to community protection, are considered to be primary and viable goals (Reiman, 2006). As for the adult justice system, it mainly focuses on the punishment of
Restorative justice is a response to crime in which it allows the victim and the offender to meet face to face and to settle their problems. It allows both parties to unite and to work out their differences and to make the offender responsible for his own actions (Correctional Services Canada, 2015). Offenders have to make amends with the victim or victims because for the crimes and damage they caused to the victim emotionally and physically (Antonacci, 2013).The boys have to be welcomed back into society by doing some good too help the community out and to be seen as changed members of the community. If this option was taken than the boys would have just done some community service such as helping out the hot dog vendor and cleaning up the
There are several challenges facing the juvenile justice system. In the past years prior to the 21st century there are difficult cases and justifying situations that truly can’t be ignored when it comes to deciding the fate of a juvenile. The stress that juveniles are presented with in today’s society are unbelievable and the it gets to the point to where a lot of factors can affect the lives of our children such as an unstable environment, more pressure into substance abuse, and no reliable sources of community help. While juveniles are having a harder time today they are involving their self in actions at even a younger age. An ordinary result of these hardships along with the daily life is frustrating at their age.
Juvenile Incarceration: Should Juvenile Offenders be Rehabilitated or Incarcerated? Working Thesis: While many believe juvenile offenders should be incarcerated for their crimes since regardless of their age, they are still committing a crime and deserve to be punished, however, juveniles should in fact be rehabilitated rather than incarcerated due to the negative effects prison has on young offenders’ physical and mental wellbeing, the prison system’s failure to deter juveniles from reoffending, and because juveniles are less likely to make rational decisions about things that affect them long term due to their brains not being completely developed. According to the Office of Juvenile Justice and Delinquency Prevention, in 2014, over one
The juvenile justice system in America has seen many trends in the incarceration of youth. Initially, the system was created to help children who were left abandoned, neglected or abused. However, with the demands of stronger juvenile laws, the correctional facilities have become more of a prison, than of a rehabilitation center. Unlike the adult justice system, the arrested minors often go through a series of steps such as intake, determination of jurisdiction, adjudication and disposition. Today, with the rise of juvenile crimes, more than a million minors are set into the juvenile justice system for even the smallest of crimes.
Juvenile Justice Issues In today’s society the youth generation seems to be facing some problems that there is no solution for. Juveniles are participating in many wrongdoing activities that they are not being held accountable for. I see many gray areas when it comes to the juveniles justice system and I strongly believe there should be changes made in order to help these juveniles be deterred from such behavior so they do not continue down a path that can affect the rest of their lives.
To evaluate reform, let us first evaluate the different trends and themes that were used to provide justice among juveniles; along with their policies and procedures. Understanding some of the policies and ideas will help pave the runway for understanding why reform was and still is necessary in juvenile justice. Different means of punishment can be discussed and evaluated; juvenile boot camps, group homes, and juvenile detention centers. All of these have one main thing in common, out-of-home placement. The problem with home removal is that the family’s and/or environment are not able to utilize the resources for rehabilitation and sometimes the environment is the explanation from crime; but that can be discussed further on.
In the next decade, I believe the “pendulum” of the juvenile justice system will continue to swing towards rehabilitation. The juvenile court's main focus was to use a more rehabilitation approach instead of restoring to incarceration since juveniles are just kids. With this approach, the juvenile court puts an emphasis on the whole child instead of the offense, used parens patriae as its foundation, discretion of the juvenile's behaviors, and has the judge be the sole determining factor of the juvenile's faith (Cauffman, 2018). Throughout history, it is evident that the pendulum tends to swing back and forth between rehabilitation and punishment, especially within the past century. In fact, cases such as In re Gault and in re Winship, have
1 In your own words, explain the difference between "retributive justice" and "restorative justice." (Don 't consult the dictionary, use the course materials!) Restorative Justice involves the process of taking into consideration the victim(s) of the crime and correcting the wrongs done to the victims and the community. The objective of the restorative justice approach is to allow the offender to take responsibility of his/her actions as well as attempting to make the offender face the victim and see the impact he/she caused. On the other hand Retributive Justice is punitive and make people “pay for what they did” (ex: send them to jail) without any victims input.
There is a high probability that the society will have to deal with recidivism from our juveniles. What about redemption? Let us redeem our juveniles while they are still young and impressionable. “According to the Juvenile Justice and Delinquency Prevention, juveniles who are tried as adults are 34 times to recidivate than their counterparts in juvenile jurisdiction.” Society needs to see our youth as redeemable – worth the effort.
Our Juvenile Justice System is broken. We live in a society that should be concerned with the way it manages teenagers who are deviant. Today, our juveniles are viewed as individuals to be feared rather than rehabilitated. Rarely are issues with juvenile crime and punishment treated under the rehabilitative philosophical basis parens patriae, instead youths are sentenced in juvenile facilities or even adult prisons for status offenses. They are placed in a community with expert criminals, and as a result, continue the lifelong journey of crime.
