While I find both views on punishment convincing and effective in different ways, I believe that the reductivist approach to punishment is and will be the most effective to decrease levels of crime in society. People with alcohol, drug and mental health issues should be rehabilitated and should be taught right from wrong while in incapacitation, to protect the public from the particular offender until they do reform. While retributivism focuses on harming offenders to ‘teach them a lesson’, it will never have a positive effect as they are then taught a lesson by more violence which doesn’t resolve the crime they have committed. If offenders pay their time in prison and get support through treatments and programs provided by prisons, they can come back into society viewing the world in a different way. I also believe that with the support given to offenders who need that help, there will be considerate decreases of crime as criminals need specialist help to overcome the problems they have, as the reasons they have committed crimes such as robbery, theft, drug dealing, will be because of these problems and has a knock on effect to them becoming criminals. I do fear that the retributivist way of punishment may lead to innocent people being punished for crimes they haven’t committed and could therefore cause an outrage in
Overall I think that restorative justice would be a good idea for the United States as long as there is some regulation of it. I think this because it can help everyone who was involved and affected by the crime. Restorative justice can also help the offender to live a more normal life after and hopefully lead them in the right
In this day and age, There are five times as many people in jail as there were in the 1970s. Almost 5 percent of the population of the United States will go to prison at in point of their life. Conservatives believe that imprisonment reduces crime in two ways: it removes criminals from the public so they can not commit more crimes, and it also discourages people who would commit a crime as they consider the consequences. Unfortunately, neither of these outcomes have come to be true. In fact, mass incarceration and “tough on crime” laws have been extremely ineffective that instead of reducing crime, it increases it. There are several different ways to effectively reduce crime other than these two strategies, such as reforming certain policies
Today our justice system has a multitude of options when dealing with those who are convicted of offenses. However, many argue that retributive justice is the only real justice there is. This is mainly because its advantage is that it gives criminals the appropriate punishment that they deserve. The goals of this approach are clear and direct. In his book The Little Book of Restorative Justice, Zehr Howard (2002), illustrates that the central focus of retributive justice is offenders getting what they deserve (p. 30). 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.
Within the judicial and criminal justice systems, restorative justice is seen as a forward moving process in regards to the way in which the sentencing of offenders is handled (Britto & Reimund, 2013). Restorative justice works to focus on the needs of both the victim and the offender but incorporates the community as well as those who support both the victim and offender (Britto & Reimund, 2013). The approach of restorative justice in not simply a means by which society responds to and reduces crime but instead, provides an equivalently valuable social response to crime (Dancig-Rosenberg and Galt, 2013). Furthermore, the restorative approach places emphasis on the personal and relational harms which were caused by the crime while creating space for dialogue concerning the actual damage, whether directly or
This type of justice system is designed very differently when compared with the retributive justice system. The restorative justice system endeavours to bring the victim and the offender together and allow them to speak with each other in the hopes to support the healing process. It will enable the victims to express themselves to the offender and lets the offender apologize and express their feelings to the victim. The restorative justice system often offers the victims of crime closure. The system encourages both parties to reveal themselves to each other and develop a solution for the future to satisfy both parties involved. A study done by Criminal justice inspection Northern Ireland found the rate of recidivism went down when young offenders were diverted into restorative justice furthermore study concludes that people were often quite pleased with the outcome of the restorative justice(Restorative Justice Council,
Restorative Justice processes are likely to reduce criminals from repeating offenses, as numerous recidivism studies have demonstrated. Thus, it would be more than justified to employ restorative processes a response to crimes under
Restorative justice is a theory of the criminal justice system that focuses on the rehabilitation of the offenders, victims, and community. This fairly new theory is a new way of tackling criminal behavior, because unlike the traditional form of justice that we have become accustomed to restorative justice allows the affected persons of a given crime to be fully involved in the process of justice. Personally, I agree greatly with the concept of restorative justice, because the face to face interactions of victims and offenders can be a powerful way of addressing the material and physical injuries caused by a crime. However, with all the healing that can be achieve using the method of justice, it does have qualities that can cause it to have
There is some theoretical ambiguity in the meaning of Restorative Justice in spite of the many definitions and studies done on the subject. Restorative Justice has been defined as “an ethos with practical goals, among which to restore harm by including affected parties in a (direct or indirect) encounter and a process of understanding through voluntary and honest dialogue.” It is primarily concerned with the reinstatement of victims to life before the crime, restoration of the Offender to a well behaved and lawful life, restoration of the injury caused to the community and the creation of a better society in the present and the future.
110). According to the author, the aim of restorative justice is to heal communities from an incident where people were harmed and, ideally, help prevent the same thing from happening again. I believe that, there is going to be a higher possibility of crime reduction in schools and in different neighborhood if victims and offenders mediate a restitution agreement to the satisfaction of each other. In conjunction to this, if the government can be more committed in supporting these approaches, I believe that there will be a massive drop in crime
The high incarceration rate of Black Americans has pervasive and chronically negative stigmas regarding the social and economic vitality of the Black American community, such as a lack of democratic participation and violence within urban communities (Burris-Kitchen & Burris, 2011). According to Forman Jr. (2012), some of 5 the negative affects of systemic racism of Black Americans born into the hip-hop generation who have been convicted include the ineligibility of public assistance programs such as health care, food stamps, public housing, student loans, and some employment opportunities. Additionally, many of the individuals suffering from the stigma of incarceration come from backgrounds of disadvantage such as single parent homes, low
This type of community-based option has proven to be quite effective in easing the reintegration process, but there are additional programs that offer an even more personal and interactive approach. Circles of Support and Accountability is a perfect example; COSA works with people who have committed crimes, specifically sex offenders, to reintegrate them into communities where they feel unwelcome and unwanted. The core members of the program learn how to, “carry out basic aspects of community life such as looking for work or accommodation and adjusting to life outside of prison. In addition, the volunteers hold the [offenders] to account for their own reintegration” (Clarke et al, p. 3). This is one of the main reasons the program has proven
The fundamental basis of the reentry collaboration is that each constituent of the criminal justice system (e.g., law enforcement, the courts, institutional and community corrections) plays a role not only in immediate offender processing and control (e.g., arrest, conviction, incarceration, release), but also in longstanding offender change (e.g., employment, family, mental health, substance abuse, criminality). Since 1999, the Office of Justice Programs has been instrumental in the development of a series of system-wide reentry initiatives, including the Reentry Partnership Initiatives (RPI) (NCJRS, 2002).
Incarceration refers to the constitutional deprivation of an offender the capacity to commit crimes by detaining them in prisons. The United States has the highest incarceration rate of any free nation. The U.S incarcerates five times more people than the United Kingdom, nine times more than Germany and twelve times more than Japan (Collier, 2014, p.56). Incarceration has several objectives. One of these is to keep persons suspected of committing a crime under secure control before a court of competent jurisdiction determines whether they are guilty or innocent. Incarceration also punishes offenders by depriving them of their liberty once the court of law has convicted. Moreover, incarceration deters criminals from committing further crimes
Batley (2005) stated that restorative justice is about restoring, healing and re- integrating victims, offenders, as well as the society and also preventing further harm. In this assignment, I will be discussing approaches to restorative justice and illustrating their advantages and disadvantages to offending. I will also provide the applications of these five approaches of restorative justice which are retributive approach, utilitarian deterrence approach, rehabilitation approach, restitution approach and restorative approach in the given case study. I will then explain my preferred approach to justice through identifying a personal belief or value that underpins my choice.