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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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This process will ensure that each offender receives the proper punishment and that the community is satisfied with the decision. The offender-based models, retributive and utilitarian, does not help the victim recover. Restorative justice is designed

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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

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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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For our next class we are going to be taking a look at how Imperialism was fueled through different organizations. We are going to be looking the role Imperialism played in the formation of the Boy Scouts in Great Britain. Please read and answer the following questions: What does Scouting founder Baden-Powell mean when he wrote about scouting was important to promote the defense of Europe?

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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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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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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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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

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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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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.

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