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Advantage and disadvantage of restorative justice
List and explain the advantages of restorative justice
Arguments against restorative justice
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The author describes how people are easily condemned in our justice system and how we allow fear and anger to control our perceptions and actions towards others. Stevenson is an attorney who runs a project called “The Equal Justice Initiative”,
Abstract The purpose of this research paper is to choose which of these models of justice: retributive, utilitarian, restorative or parallel, is appropriate for the Jonathan Nathaniel Ramsey case. We need justice to be delivered efficiently, effectively in order to make sure the offenders are held accountable and the victims receive assistance. Each crime that is committed needs to be addressed properly. When the crimes are not then that leads to the unrest in the community and to the victims.
This paper provides a critical response analyzing the strengths and weaknesses of the author, Deborah Rhode’s, position in her article, Access To Justice. Accordingly, this exploration yields an evaluation through consideration of key questions and concepts with correlations to various week three materials pertaining to punitive justice, hence, the passage selection choice for this analysis is “Defining the Goal: Access for Whom? For What? How Much? And Who Should Decide?”, which emphasizes the socioeconomic issue of inequality of justice through assertions that a disparate proportion of the United States population lacks access to adequate representation (Rhode, 2004, pp.
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.
According to The University of Michigan's law education, African Americans are seven times more likely than white Americans to be falsely convicted of serious crimes due to their race (law.umich.edu). Bryan Stevenson who is a human rights lawyer and author wrote the memoir by the name of Just Mercy. This piece focuses on the idea that the criminal justice system is discriminatory. In this memoir, he defends and fights for citizens to protect their rights as a person. Bryan Stevenson beautifully utilizes strong word choice, repetition, and emotional appeal to emphasize and persuade the readers that the efforts to fight institutional cruelty and raise the most vulnerable to a “higher ground” is what matters most.
The Center for Justice, directed by Jeffery Robinson, is focused on the problems in the U.S. criminal justice system, including the treatment of prisoners, the death penalty and the policies of over-incarceration that have led the United States to imprison more people than any other country in the world. The Center for Justice includes the National Prison Project, the Criminal Law Reform Project and the Capital Punishment
Restorative justice also known as balanced and restorative justice is “a sentencing model that builds on restitution and community participation in an attempt to make the victim whole again (Schmalleger 269).” Restorative justice focuses on “crime as harm and justice as repairing the harm”. This type of justice places crime control primarily in the hands of the community. 3. Indeterminate sentencing encourages rehabilitation using general unspecific sentences.
Victim witness programs are used by the government in order to provide support and assistance to those who fall victim to a crime. According to Victim Witness Program, the primary goals of such programs, include but are not limited to, encouraging victims to participate in any parole and supervised release processes of their offender, notify and facilitate victims in participation of any hearing or release dates in regards to their offender, provide options for supportive services, and advocate for crime victims (2015, para.1). The organization under which the victim-witness program is located is under a system, which has many internal constituencies, thus creating competing and conflicting purposes. The goals of the victim-witness program are quite simple and seek out to give the victim the right to be represented during the processing of the offender, however, given the multiple roles the court, for example, must serve, the goals of the victim-witness program can be both complex and conflicting.
Nils Christie’s article Conflict as property discusses how conflicts have been stolen from the parties involved; victim and offender, by the state. Christie critiques state power and the formal criminal justice system, he believes that the state has too much power and it deprives its citizens of their capacity to resolve conflicts. The state is the barrier to achieving social harmony through restorative practices. Christie’s central argument about modern justice urges the need to eliminate the professionals, mainly lawyers, from the inner workings of conflict resolution in order to prevent the theft of conflicts. To support his claim, Christie presents examples of two non-westernized court systems which he calls “happenings” and “non-happenings” (Christie, 10) .
Literary Analysis of “The Destructors” While living in the United Kingdom, Graham Greene wrote and published "The Destructors" in a magazine called the Picture Post. It is a novel about a group of boys who call themselves the “Wormsley Common gang” and range in age from nine to fifteen. They are in an old, run-down town directly following World War II, and they do everything they can to destroy it, including the only remaining house. This house belongs to Mr. Thomas who lived there before and after the war. The boys ultimately demolish his home and all of his possessions.
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).
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.
