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
Restorative Justice, according to Google, is a system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community at large. It does not have a place in our society for several reasons. It is ineffective because it doesn’t punish people, doesn’t change them, and makes the situation even worse in most cases.
Restorative Justice will not make the basic prejudices on our society worse than what they are, however restorative justice should restore synchronization within the community or society as a whole through based on discussion of the offender’s underlying problems and not to reoffend against the victim in particular nor any member of society, and what charges the offender may face if he re-offends “Restorative justice is deliberative justice; it is about people deliberating over the consequences of crimes, and how to deal with them and prevent their recurrence” (Braithwaite, 1998, p. 438).
Restorative justice is rehabilitation of offenders through reconciliation with victims and the community. Restorative justice programs are conferences held to enable offenders, victims and community members to meet face to face to discuss the crime that was done and determine the best way to repair the harm. Usually when offenders hear their victims describe the effect the crime had on them, they often feel sympathy and express remorse. Restorative justice conferences give the victims and community member’s justice and satisfaction. I believe the system is good because it gives criminals time to try and better themselves and try to change, and also gives justice and closure to the victims.
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
Restorative justice practices is seen as an innovative informal approach to criminal justice and is used as an alternative to the mainstream criminal court procedures. It offers alternate ways to aid in repairing the harm caused by the offenders and involves both the victim and offenders in the process. Surrounding restorative justice lies the debate that the practices are potentially more harmful than beneficial for the victims. This debate is complex and interminable, as there are various factors that can influence the outcome of the procedures. This essay will explore and discuss the concept of restorative justice and the practices that are commonly supported and conducted in Australia. The essay will then explore the debate around restorative
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).
“One out of every 31 Americans (7 Million) are in prison, jail, or some other form of correctional supervision. A high incarceration rate in the United States has led to the prison-industrial complex, which has provided jobs and profits to legions of companies and people. The field of corrections is big business.”1 I believe that this fact is the best way in which to start my paper. The main idea of corrections, as the name suggests, is to correct the behavior that has caused an offender to stray from the straight and narrow. However, as our prison population grows and recidivism rates increase we are not only seeing our prison system fail, but we are seeing a new and emerging industry take hold in this country. Increasing prison populations and the number of re-offenders is showing a relatively obvious failure of the current system. In my time as a criminal justice major I have taken a variety of classes on criminal justice, one of the most interesting for me (aside from this class) was restorative justice. In my restorative justice class I was introduced to the idea that the criminal justice system was taking the conflict away from the victim and the community and was focusing too much on punishment and not enough on rehabilitation. I understand that some people feel that restorative justice is too lenient, that by allowing offenders to bypass jail restorative justice gives them a pass and allows them to basically get away with an offense, however restorative
According to Restorative Justice Benefits Victims and Offenders by Jeff Anderson says, "Restorative justice is a successful alternative to sending offenders to prison. Imprisonment often does little to rehabilitate the criminal or repair the
Restorative justice is based on the principle that criminal behavior injures not only the victim but also the community and the offender, and any effort to resolve these problems caused by criminal behavior should involve all of these parties. Common restorative justice initiatives are victim-offender mediation, circle sentencing, community holistic healing programs, and family group conferences. A key to all these responses to criminal behavior is to address not only the offender, but all parties involved including the victim and their families, offender's family, community citizens, and even the police officers themselves.
Restorative justice ways are a very controversial topic with some people thinking it is the best way for crime to be handled and others not being a fan of it. Some people don’t believe in restorative justice because it is giving offenders a second chance. Restorative prisons are a part of restorative justice that can positively impact many people including any individual who was involved in the crime in some way. Restorative prisons are more useful for the community as well as the offender because they have that opportunity to help many people. Restorative prisons are a perfect example that could have saved a 19 year old kid who was sentenced to 47 years in prison.
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.
With the rise of Civil Rights Movement in western countries, the circumstances of the criminal victims are getting more attention gradually. Due to this emphasis, it directly led to a first revolution in the criminal justice, the revival Restorative justice. For a criminal justice system, victim support and healing is a priority which might seem an obvious aim. "Restorative Justice" was first introduced by an American professor, Randy Barnett in 1977. Nowadays, restorative justice systems have been applied to criminal justice system in many countries (Tai Wan, Australia, the US and the UK etc). In spite of many researches of restorative justice composed by western scholars, however it has not yet been defined properly and cover over the cons of this system. Restorative Justice repairs the harm that caused by crime and reducing the future harm on victims, there are advantages yet there are also bad. In this essay, I will use the application of the principles of sociology, literature, ethics knowledge to demonstrate argumentation to restorative justice and to reflect the pros and cons. (160words)
The focus of the current mainstream criminal justice (CJ) system and the focus of restorative justice (RJ) are where true differences lie. The current criminal justice system focuses on punishment, while restorative justice emphasizes repairing the harm that has been caused (Wormer and Walker, 2013). In the restorative justice process, many people are directly involved, including: those who have been harmed and their families, those who have caused harm and their families, and the relevant community (Wormer and Walker, 2013). Today’s criminal justice system is different in that individuals are
How many inmates were isolated from their communities when they had committed a crime or when they got released from the prisons? And how many effective programs can be helpful for them?Many posts-release prisoners have experienced recidivism and social stigmas due to lack of programs. In fact, restorative justice for people in prison has played a big role in our correctional systems in many different ways.Restorative justice in prison shapes our prisoner 's morals and abilities by providing a suitable technique. Although punishment may play a part in restorative justice techniques, the central focus remains on relationships between the affected parties, and healing reached through a deliberative process guided by those affected parties.( Tsui,2014). For instance, many inmates have attended into reentry programs and educational orientations when they finished their time in prison. These programs cost less money for the government, and inmates can be reintegrated into societies easily. Many post-release prisoners have avoided recidivism after these effective programs taught them the value of lives. This study will examine the importance of restorative justice in prison, which is essential for our correctional facilities. Numerous studies have been done recently which focused on this restorative justice.For example, restorative justice answers the justice question in a different way.(Toews,p.5,2006).
The perception by many involved in the justice system in general, and youth justice in particular, is that the present model of punitive retributive justice, often involving incarceration does not work. Indeed, it may be compounding an already huge social problem. This realisation has lead many to look for alternative systems. At present there is a considerable momentum building that advocates the use of a restorative justice model. Marshall has defined restorative justice as a process whereby parties with a stake in a specific offence collectively resolve how to deal with the aftermath of