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Restorative Theory Of The Criminal Justice System

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Restorative Theory

The restorative theory of justice focuses on victims, the community, and offenders. The theory allows for active roles by all involved or affected by a crime. Crimes should be determined by the social contract, which the restorative theory takes as “prohibit[ing] behaviors because they cause harm to the social order and to individuals” (Newmark, 2017c). Restorative justice makes sure that offenders are accountable for the crimes they commit, and they need to help society, victims, and individuals affected get over the harms of the crime. According to Tullis (2013) in the article forgiven the “concept called “restorative justice” considers harm done and strives for agreement from all concerned- the victims, the offender and the community- on making amends” (Tullis, 2013). The restorative theory helps victims and other recover from the crime. …show more content…

The restorative theory has two different sections that work in partnership with each other, the criminal justice system and the restorative programs. The criminal justice side would have law enforcement officials in charge of Pham’s murder begin with an investigation of the crime. During the investigation they would get a lead that Garcia was high on PCP when he murdered Pham. Further investigation continues until all the information law enforcement could gather is collected and ready to be presented in court. The justice system would hold a trial and prove beyond a reasonable doubt that Garcia committed the crime through the evidence provided. The criminal justice process would determine societies response to a crime and help society and the criminal justice system take the proper steps to decide an outcome (Newmark,

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Restorative Justice works to bring the offender back up to the even level by having the offender amend their actions to all parties involved. I do not however think the probability of an additional system parallel to our current justice system will ever exist. Additionally, I think all parties must

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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.

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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.

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Restorative Justice Practices Meeting The Philosophical Goals Of The Juvenile Justice System

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AJ 207 – Assign 7 1-To what extent do you see restorative justice practices meeting the philosophical goals of the juvenile justice system? Discuss specific features that do and do not correspond to the philosophy of the juvenile justice system? The extent that I see justice practices meeting the philosophical goals of the juvenile justice system has moved toward a retributive justice philosophy that gives punishment priority. The juvenile justice systems new approach is more of a balanced approach with a philosophical framework.

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The support for restorative justice stems from a strong commitment to social justice and the notion that the US judicial system must fundamentally change its approach to encourage healing and repair injustice. Focusing on mass imprisonment and punishment helps cause the pain and trouble that people involved in America’s justice system face every day due to the ignorant, constant system that is still

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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.

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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.

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Having empathy for the victim and being willing to change will have the trickledown affect as well, the offender will then realize what he or she is doing is and was wrong, which will stop them from committing crimes and they can teach their children, children within the community or just anyone who doesn’t have any remorse for committing crimes. The basis of restorative justice is the understanding of forgiveness, the willingness to believe that people can change if they truly wish to change and continual support of the offender in order to prevent similar future crimes from happening by showing them respect, hopefulness and that sometimes people are misguided, making mistakes and bad decisions. Using these principles offender can positively move forward in their lives not changing them for the better but also being equipped with the tools to

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Restorative justice aims at involving the parties to a dispute; the victims, the offenders and the families concerned and the community at large in identifying harms, needs and obligations together by accepting responsibilities and taking measures to prevent a recurrence of the incident and also promote reconciliation. Restorative justice sees crime as an act against the victim and focuses on repairing the harm committed against the victim and the community rather than focusing on punishing the perpetrator. Restorative justice believes that the offender is also in need of assistance and therefore seeks to identify what needs to change in order to prevent a repeat of the act in future.

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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).

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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.

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The shortcoming of this approach is that it is not appropriate for more serious crimes such as rape and murder, because in cases like those, most of the time there is nothing that offenders can do to restore the loss or make things right The benefit of this approach is that all parties who are involved get the chance to face each other. The victims get an opportunity to be directly involved in the process and get a chance to respond to the crime committed against them. The offender becomes aware of how their offense has impacted the victim, and this in turn allows the offender to take responsibility and to apologize or show remorse to their wrong doings. Through the process healing is promoted to all the parties involved, the offender might be required to pay for the harm caused.

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