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Restorative Justice In Canada's Criminal Justice System

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Restorative justice is a method of justice that emphasizes repairing the harm caused or revealed by criminal behaviour. It offers a solution that promotes the healing and strengthening of community bonds, by addressing the harm done to victims and communities. The criminal justice system has traditionally concentrated on detaining and committing offenders rather than examining the roots of their problems and providing community-based services that effectively addressed them. Crime rates continue to soar under the present system and the search is ever stronger for a solution to deal with a rising prison population, high costs, overcrowding and poor conditions, a legal process less and less concerned with the victim; but rather a focus on the …show more content…

The basis of Restorative Justice is to help the offenders and redress the wrongs they have committed. One of the programs within Restorative Justice, the Sentencing Circle, includes members of the Aboriginal offender's community, such as the Chief, Elders, Band Councilors, the victim or his/her family, police, prosecution and defense counsel which all gather and then recommend an appropriate sentence. Aboriginal peoples represent an outstandingly large faction in Canada’s justice system. Aboriginals are incarcerated in numbers five to six times greater than the Canadian national average of non-Aboriginal peoples being incarcerated, with 80 percent in the Northwest Territories and 50 percent in the Prairie Provinces. Urban Aboriginal peoples prosecuted for criminal activity are 4.5 times more likely than non-Aboriginal offenders in Calgary and 12 times higher in Regina and Saskatoon. Aboriginal peoples are discernibly not responding well to the Canadian punitive model of justice because punishment within Indigenous communities has historically been different than traditional Canadian sentencing. Restorative justice is derived from the core of Aboriginal culture and teachings for example, non-Aboriginal students tended to define justice as equality before the law while …show more content…

In fact, the system goes out of its way to encourage the accused party to deny guilt, even when guilty. Excluding the injured party – the victim. Focusing more on how evidence was gathered than about what that evidence means. The current criminal justice system is one designed by lawyers, for lawyers and the result is that victims and offenders are often bystanders in the proceedings. Current practices and philosophies have done little to relive overwhelming fear of crime since the legal process is less and less concerned with the victim but focused more on the state instead. The criminal justice process, by segregating and ostracizing offenders renders them more rather than a less of a threat to communities and increases victimization. The punitive system also drives offenders into criminal subcultures where they become more and more like alien enemies of the community. This is one of the reasons why conventional justice does fairly poorly in reducing reoffending; reconviction rate for those imprisoned is high. Restorative Justice is a social movement that has the capabilities to be a solution to many things. It focuses on victims and offenders with hopes to reintegrate both into society as well as examine root causes of violence and crime in order to prevent the “cycle”. Restorative Justice is also able to address and heal underlying issues that contributed to an offenders offending behavior. The cost of

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