Restorative Justice Introduction to Criminal Court Systems - CJA 224 January 20, 2014 Michael S. Hudson Restorative Justice Other than the conventional Criminal Justice process there is a new way to handle crime called the Restorative Justice program. This program exists only in certain cities throughout the United States. The Restorative Justice program has the purpose to reduce crime. This program has many steps, and during the course of the process has the purpose to set things right between the criminal offender and the people affected by the crime that occurred. A crime committed does harm to many others not just the immediate victim. This paper explains the Restorative Justice Process and …show more content…
Also, Members of the community were affected by this crime (Ness, 2009). Once news of the break-in spread, members of the community feared for their wellbeing, and safety of their property. Children of the community got scared and feared the bad people (Ness, 2009). Restorative Justice Results David, one of the offenders, got ordered to pay the victim restitution and agreed to take place in the restorative program and was able to make things right between him and the victim. He successfully completed the program and rejoined his baseball team, went on to attend college, and coach a little league team. David eventually became a facilitator of restorative circles (Ness, 2009). Mildred was able to feel safe in her own home again thanks to her family and support groups through the restorative justice system. The support groups helped check on her and fix her house back after the break in and her family checked on her on a daily basis. She agreed to meet with David and discuss what happened. The community benefitted by being able to feel safer, and that this will not happen again by the same people (Ness, 2009) Contemporary Criminal Justice Process In the contemporary criminal system, there would have been a different outcome and the process involved. The contemporary system would have taken the statement from the victim and pursued the people responsible. Once they located the people responsible, they
While many conservatives oppose the rehabilitative measures restorative justice offers offenders and demand more prisons and penalties, advocates for restorative justice counter this demand with research. Restorative justice advocates call for restitution rather than retribution. According to promoters for restorative justice, imposing harsh penalties on offenders and lengthening prison sentences is futile. “Critical theorists argue that the ‘old methods’ of punishment are a failure and that upwards of two-thirds of all prison inmates recidivate soon after their release” (Siegel, 2008, p. 188). While conservatives want to build more prisons and lock away more offenders for longer terms, supporters of restorative justice believe that a more rehabilitative approach is beneficial for not only the offender, but also the community. “The offender is asked to recognize that he or she caused injury to personal and social relations along with a determination and acceptance of responsibility. Only then can the offender be restored as a productive member of society” (Siegel, 2008, p. 190). Placing an offender in prison for any amount of time is shown to be harmful to the offender, their victim, and society. “Rather than reduce recidivism, harsher punishments may increase the likelihood of reoffending” (Siegel, 2008, p. 86). A conservative asking for more prisons would likely be met with a barrage of evidence explaining why restorative justice will and
Restorative justice is an innovative approach to the criminal justice system that focuses on repairing the harm caused by crimes committed. The methods used in the conventional justice system may deter the offender from committing further crimes, but it does neither repair the harm caused, nor help them acknowledge their responsibility, instead it stigmatises them, worsening the situation instead of improving it (Johnstone 2003). “Stigmatisation is the kind of shaming that creates outcasts; it is disrespectful, humiliating” (p.85). It breaks the moral bonds between offender and community and can result in the creation of a destructive cycle that may result in fear and isolation. The shaming by stigmatisation creates a negative effect which
In the United States, each day approximately 1,600 adults are released from state and federal penitentiaries to reintegrate back into the community (Gunnison & Helfgott, 2013). Reentry programs have been created all over the nation to help offenders successfully transition from prison into society. Offenders are confronted with numerous obstacles when attempting to reintegrate back into society. Ninety-five percent of offenders are released to reintegrate back into the community (Davis, Bahr, & Ward, 2013). Upon release, ex-offenders realize that despite the fact that they are no longer incarcerated, they face many restrictions. The restorative justice development rose to address the disappointment of the criminal justice framework to manage victims, offenders, and communities in an integrated way. A core focus of this development has been to expand the role of the community in advocating changes that will avert the issues and conditions related with crime and the demand for a criminal justice intervention (Hass & Saxon, 2012).
Julie Hilt is the executive director of the Solano County Bar Association. Julie realized that Solano County didn’t have a restorative justice program. Julie realizes this program is new to Solano County and hope the program is supported in the community. Julie states the purpose of the restorative justice program in Solano County focus is to restore the community and promote healing after a crime; the process has additional benefits, such as increased restitution for victims, greater satisfaction with the system and potentially lower recidivism. Julie believes the restorative justice program is designed to teach the offender to be accountable for their wrong doings. Julie says the practices of the program are allowing the victim(s) who is willing the opportunity to come forward and participate in a face to face meeting with offenders.
In this article called “Military Contractor Killed Committing Home Invasion” written by Bob Owens. A military contractor dies as he struggled with a Goldsboro, North Carolina homeowner for control of the gun that he pulled during a home invasion early Saturday morning. Today, many are constantly being affected by house invasion causing deaths. Innocent lives are being taken away from invasion even alarms can’t alarm the owners. This is one story that relates to all the other stories written about thief’s entering a house.
Umbreit etal have conducted a study on the significance of the lens on restorative justice dialogue in Minnesota in 2009. In most RJ programs, victims and offenders engage in direct dialogue about a specific offense or infraction, with the presence of at least one-third person who serves as a mediator, facilitator, convener, or circle keeper. The purpose of the study was to learn whether the use of Restorative Justice Programs would bring positive outcomes when restoring broken relationship and trust between victim and offender. The survey also covered participation
Restorative justice helps offenders realize how the crime impacts everyone not just themselves. The programs and exercises help offenders develop empathy through experiences. Another important effect that is learned is that how childhood trauma and abuse can explain how those experiences may have impacted their personal psychology, and they can develop skills like emotional regulation and anger/stress
During the research for this discussion board, I found that there were many devils advocates that view restorative justice as infringing on the First Amendment’s Establishment Clause. As Lucas noted, restorative justice does not hinge on a specific religion but rather on the notion of accountability. For this reason, it should be viewed as a viable option towards Criminal Justice reform as it can harmonize competing perspectives. Currently, the Criminal Justice system utilizes retributive justice as a means of deterrence and, as a result, has pushed jails and prisons to be more like warehouses of human beings. The key to reform lies in changing one’s view towards delinquency, offenders, victims and accountability for crimes.
Prior to the Truth and Reconciliation hearing, the relationship between Alex Mpondo and James Sizela was strained. But, as events proceeded throughout the hearing, Alex Mpondo helped the Sizelas to find their son, by getting information from Dirk Hendricks about Steve’s burial place. Afterwards, Alex Mpondo wanted Mr. and Mrs. Sizela to forgive him. Since the Sizela’s were grateful that Alex Mpondo helped them to find their son, they forgave him and their relationship was repaired. Restorative justice played a key role in this portion of the movie, because one of the main elements of it is honesty. Telling the truth, is the first step for some offenders to begin making improvements for themselves and the victim. Alex Mpondo lost so much after he confessed to identifying Steve Sizela as a comrade. Yet, he worked to gain trust and forgiveness from Mr. and Mrs. Sizela, and successfully repaired their broken relationship. Alex Mpondo also abated some of the guilt he felt. But restorative justice was not perfect in this movie since the characters had deep seated emotional issues that could not be repaired, like the sadness of Steve Sizela’s suffering and loss. Plus, most of the community no longer trusted Alex Mpondo. Alex Mpondo also experienced trauma and guilt throughout the movie that would take an extended period of time to heal. In real life, the truth has the capacity to repair broken relationships, but it cannot totally repair the emotional and mental pain of the victim or the
The way I explained the concept of restorative justice to my longtime friend Michelle who also obtained her associates in psychology is as follows:
I watched a video on youtube based on a restorative justice conference which is an example of restorative justice. The video was actors, that was fed actual victims and offenders words, during a particular conference. The conference started as any traditional restorative justice conference would, everyone se in a circle, and was told to give the name that they wish to be addressed as. After, the name introduction the facilitator set the ground rules, such as no verbal abuse, or curse words etc. Next, the offender a woman who burglarized the victim home, was allowed to tell her side, as to why she broke into the victims home. Once the offender shared her story, a sign of relief appeared across the victims face. The victim then proceeded to state
Restorative justice is becoming more popular as the guideposts to effective corrections policy, both sides prisons and within the wider community. The philosophy is based on the traditional practices of indigenous cultures around the world. Criminal behaviour is primarily caused by the alienation of certain members from society at large. Everyone is an equal member of society and has a contribution to make the greater good. When a person becomes alienated or disconnected from that society , everyone in that society is responsible to bring that person back into a harmonious relationship with him/her “self” as well as the rest of the community.
There are already existing restorative practices that are place within the conventional criminal justice system at present namely probation, restitution and community service (Zehr, 1990). Admittedly they are not readily termed restorative justice programs however they are grounded in its theory.
These reforms encompass everything from the use of solitary confinement to guidelines that prevent a youth from even entering the institutional side of juvenile justice by using community resources (E. Blaskey, personal communication, February 28, 2015). One of the most popular ideas motivating this reform is the concept of restorative justice. Restorative justice looks at accountability a bit differently from previous classic models. In the past, accountability was about the punishment matching the crime which boils down to the classic biblical thought, “an eye for an eye.” Restorative justice defines accountability as taking responsibility for your behavior and taking action to repair the harm (BARJ, 1995). Instead of completing a punishment unrelated to the victims, in restorative justice, an offender must come to terms with the outcome of their behavior to the victims and other vital stakeholders in an effort to help heal all parties.
Since the traditional approach is only concern about the victims and giving a punitive authoritarian reward to the offenders, restorative approach is design to restore the damage relationship, and reintegrate the both the offenders and the victims back to the community. This approach is concern about two significant things, which are safe school community and behavioural change. This approach helps the offender to acknowledge the wrongdoing and the rate of harm he or she has caused the victims and the community, also to act ‘restoratively’. This approach through pre-conference provides the offender the understanding that he or she had a choice of amendment with the victims and the community, also understanding