When a crime is committed and an individual is caught in the act, there is a set process that one follows to adhere to the rules of the criminal justice system. This method can be simplified by looking at the common flow of events: (1) an individual is arrested, (2) individual is brought to court, (3) individual receives a punishment. Though it may appear that the way in which the criminal justice system functions is sufficient, many voice the concern that there are certain key players affected by crimes that are consistently disregarded. These players are otherwise known as the victims and the community. As a result, many have hypothesized a new approach to justice that incorporate all aspects of crime.
The victim deserves similar level of protection and attention from the court like that of an accused i.e. a victim 's interests need to be balanced vis-à-vis that of accused. Victims of crime go through mental and physical trauma and suffer throughout their lives , as there place in the society changes. A victim is certainly entitled to reparation, restitution and safeguards of his rights and criminal justice would look hollow if justice is not done to the victim of the crime. In recent years, the Legislature and the judiciary have taken gradual steps to develop the necessary principles by which appropriate compensation could be paid to the victims of crimes.
1.2 What are the advantages of Victim Offender Mediation for the victim? (2) The first and foremost advantage of this kind of mediation for the victim is that he or she can confront the offender face to face and ask him as to why did he commit such a crime. The victim can ask the offender all the questions that could never have been answered in a criminal proceeding. Secondly, the victim can openly describe the emotional damage experienced by him or her to the offender itself. Thirdly, the victim has the opportunity to ask for an apology from the offender.
It is a victim centred response to crime directly involving those most affected by criminal act through dialogue and direct accountability. Forgiveness whilst not the primary objective of restorative justice, often occurs during the process. Victims often appear moved to forgiveness when they fully understand the offenders’ position and dispel the stereotypical notions and fears victims often possess regarding the offender. “Forgiveness” as a part of restorative justice is versatile and it requires the victim and offender to be emotionally available to each other. It has also been accepted that many victims choose to forgive because granting forgiveness is congruent with their personal or religious beliefs.
Summary Foucault work of “The Gentle Way in Punishment” describes the shift from the excessive force of the sovereign towards a more generalized and controlled forms of punishment. It emphasizing on transforming and improving the individual into a socius through public works and introspection. It discusses the crime and how it is dealt with in a more rehabilitating sense that specific crime need specific moral counterparts. For example, those who are lazy give the counterpart of work. It have moralistic system in which the purpose is not merely to cut off the bad part, but to provide a series of exercises and forced repeated behaviors which are supposed to negate that crime tendency by giving it a built habit that is virtuous which will counteract
2014-62756 Eng 2 U-3R Final Thesis Statement: Restorative justice should replace the traditional criminal justice system in the Philippines since restorative justice focuses more on improving the community through proper mediation between the victim, the offender and the community involved—which can reduce the increasing crime rate of the Philippines more than the traditional criminal justice that focuses more on punishing criminals. Final Topic Outline: I. Traditional criminal justice in the Philippines A. Principles of the court system provided by the traditional criminal justice in the Philippines 1. Supreme court as the basis of sentencing decisions 2.
The primary goal of the probation system is crime reduction and protection of community, with treatment oriented activities better left to agencies in the community better able to meet the social needs of the offender (Martinson and Wilks, 1977). The American Probation and Parole Association (2001) acknowledged that probation sustains the offenders’ ability to continue working and to protect his family’s ability to continue working and to protect his family’s welfare while avoiding the stigma and possible damaging effects of imprisonment. Similarly, United Nation Institute for Crime Prevention delineated the goal of probation system to enhance rehabilitation and reintegration of offenders into the community in order to strengthen their ability to live peacefully with others in the community setting (UNAFEI,
Moreover, their actions could have damage social capitals that were built previously and mistrust might occur between residents. Addressing this problem, I would want to rebuild and strengthen the social capital of Yishun. For example, I could introduce community engagement programs and a neighbourhood watch program to keep crime at bay and this would provide residents opportunity to work together to solve a range of neighbourhood challenges. These programmes aim to strengthen social capital as people form tighter bonds within the community. In turn, it seeks to deter people from committing
Restorative justice can be defined as a flexible and just approach by which apt reparation is made, for the harm committed, irrespective of the life situations, through a proper communication in adequate perspectives, between the victim and the offender, thereby preventing recidivism and re-establishing peace and harmony to the ultimate benefit of the society. In this particular context, we focus on the criminal justice systems. Restorative justice views crimes not only as a violation of laws but also as harm to the society and community. The core objective of restorative justice system is the safe and satisfied involvement of the victims who agreed to be involved in the process. The goals behind the design of this system include making offenders
A very important aspect of the criminal justice system is to ensure there is a way to rehabilitate offenders, not only incarcerate them. Rehabilitation in the criminal justice system means that there is an attempt by the system to restore a criminal back to a productive and useful member of society free of the life of crime. By rehabilitating an offender, the system is trying to alter their behavior and attitude in a positive way and to make them once again, law abiding citizens (Seiter, 2014). Rehabilitation can come in many forms, such as drug treatment, education, mental health treatment, develop better decision making skills, therapeutic counseling and even job training. An offender does need to be punished for breaking the law, but they need to accept responsibility for their crimes and eventually change their