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Restorative vs retributive justice essay
Applying restorative justice principals
Applying restorative justice principals
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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.
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)
Schemmel In the book Flowers for Algernon Charlie is really dumb, but he wants really badly or not. The doctors in the story help him become smart by running tests on him. The doctor's ethics were questioned when they tested Charlie for his good reason, or their own. Ethics are not about religion , not about following the law, and not about feelings.
Before the 80s, most women stayed home and cared for the house, yard, children, and pets. Since women began working outside the home more, they became exposed to more criminal elements that may create more criminal thinking and act upon those thoughts. Therefore, another reason why restorative justice is so important. Too many people are imprisoned, prisons are overcrowded, and diversion programs are cheaper than jail or prison
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.
Taking this first step in reconciliation allows for a face to face encounter where restorative dialogue can occur between the victim and the offender in a genuine interaction (Dancig-Rosenberg and Galt, 2013). Furthermore, this process requires that the offender take explicit responsibility for the actions committed while listening and responding to the victim affected by their crime so as to present their own approach for repairing the damage caused (Dancig-Rosenberg and Galt, 2013). This process promotes honest dialogue and an empowering experience for the victim as they feel that their needs are heard and feelings expressed (Dancig-Rosenberg and Galt, 2013). In all, restorative justice benefits the victim, the offender and the community as community ties are strengthened while the process of the restorative approach discourages the offender from committing further crimes through the use of an open-minded and rehabilitative process (Dancig-Rosenberg and Galt,
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).
One primary aspect which the retributive system fails to consider is the future deeds of the offender who is set free after a significant period of conviction. The question which remains unanswered is: does the person commit further harm after he is released or he moves ahead in life as a law-abiding citizen? The restorative justice concept takes a foot forward to answer this question by improving the tripartite relationship of victim-offender-society and seeks to address the harm rather than only punishing for the crime committed. Restorative justice has emerged globally as a viable response to the harm caused by crime. In common parlance, it has been described as a “process whereby all the parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of the offence and its implications for the future.”
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
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.