An Evaluation of the Restorative Justice Model In Crime Victims: An Introduction to Victimology, Karmen (2015) outlines the restorative justice model of confronting perpetrators of criminal acts. Restorative justice is an alternative to the more traditional legal system of retributive justice; this model strives to increase communication between victim and offender and moves the focus away from offender punishment or other state-centered actions (Karmen, 2015). The restorative justice model has several benefits, including a greater level of focus on crime victims and an emphasis on making peace after a criminal event, such that an offender may reintegrate into society at large (Karmen, 2015). Restorative justice also allows for crime victims
In the case of Tara Brown’s murder, various groups of individuals are affected. As well as maintaining principles of fair punishment and deterrence, the criminal justice system has to consider perceptions of the victim’s family (secondary victim), the community’s demand for crime prevention, and the offender’s rights to a fair court hearing. The most likely outcome is imprisonment for Lionel John Patea due to committing an indictable offence. It is important to note that if this was only a case of domestic abuse without murder, it would utilise more time, effort and expenses to come to a resolution. This is due to the different circumstances and degree of abuse that the judge has to assess.
Victim 's right statute has influenced the manner within the federal, state, and local criminal justice systems. In addition to statutory victims ' rights, nearly two-thirds of the states have adopted amendments to their state constitutions guaranteeing rights to victims of crime. Including crime victims ' rights in state constitutions increased the strength, stability and enforceability of victims ' rights. Although there have been strides made, in many states and jurisdictions, victims still retain no rights to be present, informed and heard, and to have a voice in the sentencing process, or to be informed, present and heard during the paroling process. Precisely who does the law describes as a victim that is permitted to a certain right is defined by the federal, state, or tribunal code.
The victim right’s movement of the 1980’s demonstrated a shift in the Judicial and Law Enforcement practices from Rights of the accused to rights of the victim. The fundamental right of the victim was to be represented equitably throughout the criminal justice process. There are four basic rights of the victims that are the right or information and notification, participation, the right to feel and be reasonably protected and
Second, the post crisis victim needs must be met. This includes the first responders’ needs at the time of the incident and their mental health needs afterwards. Third, victims’ rights and services must be provided during the criminal justice process. This is taking into the consideration of the victims and their rights to see the judicial proceedings carried out.
4 Criticism and Challenges The first point of criticism against victim participation in restorative justice processes arises from scepticism about an apology to the victim as a way of dealing with criminal matters. The perception sometimes exists as to it simply being a way to get away with the crime.106 Members of the public should thus be educated to understand that restorative justice is more than a mere saying sorry, but in the context of victim offender mediation or family group conferences it rather affords the victim the opportunity to confront the child offender with the real and human cost of his or her criminal actions. Another concern deals with the possible secondary victimisation of the victim in the case where the offender pretends
The theories relate to Carla 's case of victimization would be, lifestyle theory posits that individuals place themselves in harm’s way by their lifestyle choices. Carla put herself in harm’s way by jogging at night by herself. Her may have lived a risking lifestyle she clearly liked smoking weed with her boyfriend. Also Deviant place theory would work to because Carla doesn’t live in bad area. The area’s around Carla’s house was safe but Casey lived in a dilapidated apartment complex that was mostly hidden off the main road, between a bar called Bikers-R-Us and a two-story county office complex used by probation officers and drug rehab counselors. That’s where Carla found herself in a bad area, therefore putting herself at risk to become a
Nicole’s Murder According to Simpson & Haven, the murder of Nicole Simpson and Ron Goldman was a shock to the nation, but what was more appalling is the fact that O.J. Simpson was the one on trial for those murders. The authorities were more concerned of the victims’ rights were being neglected (Simpson & Haven, 2008). This paper will expose Nicole Simpson first time reporting intimate violence to the authorities long before her death. I will also examine stalking and intimate violence, victim rights as well as protection provided by the regulation and how it pertains to the case of Nicole Simpson.
Victims can be direct or indirect, meaning that they could be directly impacted by the crime or they could be the family member or close friend of the direct victim of the crime. The role of Victim Advocates is to be a place of support for victims and help alleviate the mental, physical, and emotional stress that follows a traumatic event in the victim’s life. Advocates aim to inform and educate the victims about their rights and programs, such as counseling and organizations, to help deal with the stress of the crime ("What is a victim advocate," n.d.). Advocates are the extra support system that victims need in order to try to continue life normally and get all of their
Due to the lack of recognition, there is no found respect between law enforcement agencies and their victims. However, law enforcement cannot see the harm they cause the victimized individuals who often suffer and go through various emotions because they are constantly
Victims’ feeling of recovery is dependent on the degree of distress they experienced from the crime. a. Victims of lighter crimes were more readily to cooperate in the process versus those of high distress victims. After conferences or mediations, the high distress victims were far more likely to remain angry and fearful of the offenders (Daly, 2015). b. Victims from graver crimes may not view the restorative justice system as beneficial. While 78% of the low distress crimes seemed to have recovered a year later after the offense, 71% of high distress victims had not recovered (Daly, 2002).
This reflection paper will first address the advantages of using retributive justice approach in three court-cases. Second, it will discuss the disadvantages of using retributive justice approaches by analyzing the three court-cases listed above. Third, it will elaborate on ways that the system could have used restorative justice processes in the cases, as well as present potential outcomes that could have been reached if restoration justice was taken into consideration. First, during lecture three, we talked about the notion of just deserts.
This appalling situation of the court system left many people uneasy especially the victim and he only has to serve no more than three months of his time get out on good behavior. After this horrific event occurred the people demanded a “the process of recalling a judge”, this petition, if granted, has the ability to eradicate him from his judgeship position, because the sentencing does
For most people, only the person involved in the encounter are labeled as victims. The pain comes in from the view of one who feels the full effects of the ordeal. However, there is more to the scope of victims than the person directly involved in the crime. Debra narrates how much her family participates in events following up her kidnap and her husband’s murder. Family members would like to see the perpetrator get the death penalty.