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Restorative and Criminal Justice in the State of Chicago
There has been a strong oppositional difference and contrast between restorative justice and criminal justice in Chicago dating around four decades ago (Braithwaite, John Bradford). Consequently, this contrast seems to have become a permanent fixture providing two alternative systems under the same justice umbrella. Up until recently, criminal justice has been canonized in the judicial system, but with recent developments in academic works in juvenile justice and criminology, restorative justice, especially in juvenile violations, has shown great significance and positive outcomes. Even though some states might argue that restorative justice favors the proprietor of a crime rather than the victim, the state of Chicago should consider the inevitable change from the old system of criminal justice that focuses on punitive measures especially for juvenile violations. This is because restorative justice provides a greater satisfaction to the victims, drastically reduces the frequency of repeat offenses, and ensures accountability to the victims. However, we cannot potentially consider restorative justice without the relation to the traditional criminal justice. This is because the restorative justice is based upon principles of the traditional criminal justice that preceded it.
Restorative justice in Chicago can thus be viewed as a system that incorporative both elements of criminal justice and
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).
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 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).
Today we see five prevalent goals of corrections including retribution, incapacitation, deterrence, rehabilitation and restorative justice. Goals employed in corrections change over time depending on several factors including the trends of thought in society and issues within the prison system. Politics as well as prison overcrowding also factor into determining which goal dominates. Retribution has a long-standing history as the most culturally accepted goal because people fended for themselves prior to organized law enforcement (Bartollas, 2002, p. 71). Incapacitation, the dominant goal currently, eliminates the threat by placing the criminal outside society, typically through incarceration, and preventing the criminal from having the ability to commit additional crimes. Deterrence, like retribution, has continued as a goal throughout history. In an effort to reduce the risk of crime, law enforcement attempt to deter criminals from committing crimes. Rehabilitation gained enormous strength with an attempt at moral redemption of the offender. Reformists believed corrections needed a makeover as they worked towards rehabilitation. Rehabilitation places more focus on the individual rather than the act in an attempt to rehabilitate the person. America did not begin to look at the corrections system more substantially until the 1970s as the idea of rehabilitation fell (Bartollas, 2002, p. 75). Restorative justice promises to restore the victim as the offender
“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
Finding a new way to deal with criminal issues for young adults is very rare, especialy in a predomenatly impoverished area. So to be a part of the Restorative Justice Research team was an honor, also very insightful. At first I knew only a brief description about restorative justice being used in a way of restoring small issues not applying it to a more serious incidents such as criminal justice. I looked at it as harm causing problems were as justice repairs a partial amount of the problem. For this project however, it was way more than just rebuilding but a way to bring justice in a creative way that can not only benefit people who have done crimes but help repair community thoughts and views in the process.
Question 1. Both Thomas Mathiesen and Stanley Cohen argue that the alternative criminal justice responses that were presented after the 1970s were not real alternatives (Tabibi, 2015a). With this they are referring to community justice alternatives generally, and Restorative Justice specifically. The argument here is that Restorative Justice cannot be a real alternative because it is finished and is based on the premises of the old system (Mathiesen, 1974). Restorative Justice is not an alternative because it has not solved the issues surrounding the penal system (Tabibi, 2015a). Cohen (1985) supports this sentiment, and suggests that community based alternatives have actually led to a net widening and expansion of the retributive criminal
There was a 19 year old who was driving a stolen car and lost control. When he lost control he killed four people and was sentenced for 47 years in jail. This offender didn’t have a good example to follow while he was growing up. His dad abended him when he was young and was left to be raised by him mom who was an extreme alcoholic (Pope 2011). This is an example the restorative prisons would really help someone who never got proper information growing up on how to behave and things he can do and things he can’t. The restorative prisons would help someone like him by not locking him up for a number of years. This helps the perpetrator because they have more opportunities while in the restorative prison that will help them once they can leave. At the restorative prisons everyone helps out around the building including the perpetrators and that can help them feel better about themselves because they are doing something useful. Also at these prisons the perpetrators are allowed to leave for work as long as they are back by a certain time which also give them more opportunities to make their life better. Some of these prisons also offer training for the perpetrators so they are exposed to more options. Restorative justice ways look into
The criminal justice system is a set of agencies and processes established by governments to control crime and impose penalties on those who violate laws. Different jurisdictions have diverse laws, agencies, and ways of managing criminal justice processes. In recent years, it has been debated that the criminal justice system has two primary and possibility conflicting perspectives known as the retributive justice approach and the restorative justice approach. Retributive justice and restorative justice have contrasting approaches when imposing punishment, that will be explored within this research paper, in regards to the disadvantages and potential advantages resulting from the implementation of it’s polices within the criminal justice system. These two perspectives have been implemented amongst many different criminal justice systems internationally, however the questions still remain, what is justice? And how should justice be served? This debate has created a divide between countries, due to the differing interpretations of justice and it’s response to criminal activity. The statistical information has been extracted from various online sources listed within the references as well as primary and secondary sources, “Prisons” by Haley, James and “Alternatives to Prisons” by Jennifer Skancke.
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.
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
This paper will focus on retributive justice and restorative justice. Let’s begin with the definition of each. Retributive justice is a theory of justice that considers that punishment, if proportionate, is a morally acceptable response to crime. On the other hand, restorative justice is the opposite. It is a theory of justice that focuses on the needs of the victims and the offenders. So which of these should be morally right?