The support for restorative justice stems from a strong commitment to social justice and the notion that the US judicial system must fundamentally change its approach to encourage healing and repair injustice. Focusing on mass imprisonment and punishment helps cause the pain and trouble that people involved in America’s justice system face every day due to the ignorant, constant system that is still
This process will ensure that each offender receives the proper punishment and that the community is satisfied with the decision. The offender-based models, retributive and utilitarian, does not help the victim recover. Restorative justice is designed
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
. What is Restorative Justice? Restorative justice is a form of justice that focuses on repairing harm caused by criminal behavior, rather than simply punishing the offender. It involves bringing together the victim, offender, and other affected parties in a safe and facilitated dialogue to discuss the harm that was done, how it can be repaired, and how everyone involved can move forward.
With well over two million people incarcerated in the United States and countless more tied up within the criminal justice system, alternatives to incapacitation are needed now more than ever. Jails and prisons are feeling the strain on their resources due to overcrowding. This overcrowding has debilitated their ability to function as a place to serve out sentences and to rehabilitate inmates. Alternatives to incarceration could reduce prison populations as well as reduce economic costs. A few programs that have shown to be effective are probation and restorative justice.
Some benefits reduce crime victims’ post-traumatic stress systems and it reduces crime victims’ desire for violent rage against their offenders. It also reduces repeat offending for some offenders although not all. Circle Justice has many benefits but It also has lots of weaknesses such as how its inability to prevent potential for uneven or discriminating outcomes for sentencing and restitution, it encourages perpetrators of crimes to restore the harm they created. In US Criminal
Modern sentencing practices are outrageous and out of control. People go to prison for 162 years for stealing a car or 25 to life just for simply making a mistake of leaving their child in the car for no longer than 20 minutes without killing or harming the child. Even the innocent get sentenced major years for crimes they didn’t even commit. Lately sentencing has been crazy, so at this point in time sentence reforming is relevant in this case. To begin with, sentence reforming needs to take place because people are getting way to many years for petty crimes they didn't commit.
1. Restorative justice: Its meaning, key principles, and models Restorative justice is a collaborative approach to addressing conflicts or criminal behavior that focuses on repairing harm and restoring relationships between victims, offenders, and the community. It seeks to balance the needs of all those affected by a violation, empowering them to participate in the resolution process, and emphasizing personal accountability and growth for the offender. The primary goals of restorative justice are to repair harm, restore relationships, and reintegrate those involved back into the community.
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,
When the American prison system began, it was believed that rehabilitation, the act of restoring one’s character, could be beneficial for criminals to start over. According to Tom Wicker, “The system…began as a reform impulse, the idea that if offenders were isolated, shielded from the public mockery that had accompanied hangings and the stocks, given time to repent, and worked hard, they could be turned away from crime and transformed into useful citizens” (xii). Criminals could become better citizens and have a positive outlook for a future if they worked hard and were secluded from the outside world. Although this idea seems more humane, it did not last long in the prison system because many people believed that any crime committed deserved
The Restorative Justice System focuses on problem solving, liabilities, and obligations. It focuses on the future instead of the past. It would help the boys take responsibility for their actions and be able to restore the crime they committed in the community. The four boys are also first time offenders, which also plays a huge factor because you can see they never intended for what they did to turn out so bad in the end. For the Restorative Justice System you have to be first time offenders so that they are able to help you.
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).
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
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.