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.
Victim –Offender mediation stems from the Restorative justice concept, a framework which views the victim, the community and the offender as those harmed by the offense. To repair this collective harm, restorative justice requires the active involvement of all affected parties to make the offender answerable and to restore the
The Justice Reinvestment Act implemented major changes to the law of sentencing and corrections. “The biggest change since the Structured Sentencing Act (Markham).” The Structured Sentencing Act was somewhat of a precursor for the JRA. This act gave judges a set of standards to follow when sentencing a criminal, with clear guidelines for judges to follow. While also looking after public interest.
The broken windows theory is a good-fighting crime strategy and suggested the way in thinking about the community. Citizens felt safer when police department conducted more foot patrol in the neighborhood and felt that police were more aware of the crime that occur. Broken windows-theory created a better environment for the community and promoted the community to stay in active programs that focused on prevention and criminal activity. In the high-crime neighborhood areas, the police worked with the community. If a window was broken then the owner of the window had to immediately replace it.
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. The gradual shift in the approach of the Supreme Court is a positive sign but other organs i.e. the government and the legislature have to make conscious efforts to consider the rights of the victims.
Restorative Justice For a long time, there have been two criminal justice systems, but now there has been a new system, restorative justice, which has grown in popularity since the 1970’s. The three systems are the retribution model, the rehabilitation model, and the new one, restorative justice. The retribution system emphasizes on punishment through the criminal justice process, and the rehabilitation process focuses the need for society to assist criminals in changing their attitudes and behavior into better habits for their future. The restorative justice though, is a system that promotes equal concern for the victims and the offenders.
Restorative Justice and Offender Punishment An offender punishment used in the criminal justice system that incorporates restorative justice is restitution; at sentencing the judge orders the offender to reimburse the victim for lost income and/or wages and any out-of-pocket losses related to the crime which may include child care, transportation, lost property, medical expenses, medication costs, therapy/counseling costs and even crime scene clean up (the National Center for Victims of Crime, 2004). A way that restitution incorporates restorative justice principles, concepts, and values is by implementing the harms and needs principle which is where rather than the state taking the place of the victim in court and the punishment
Without rehabilitation many offenders often go back to committing the illegal crimes that placed them in prison the first time. Rehabilitation not only helps change the perspective of offenders but it also introduces them to an alternative way to live life outside of prison. Some forms of rehabilitation include anger management classes, educational classes, and vocational training. Through anger management classes, inmates would learn about different ways to cope with stress and how to control their aggression. These classes could also teach prisoners’ relaxation methods, other ways to handle their issues without lashing out, and problem solving skills.
Peacemaking criminology, Radical criminology, and Feminist criminology are the three schools of conflict theories of criminology. Peacemaking criminology is basically a way to get people together to come together as one to stop crime. They look at trying to minimize social problems and human suffering to help reduce the crime rate. Its basically a way to service others and to bring compassion and love and wisdom to people so they can understand better to help lower violence. Right now our justice system is taking down criminals by using criminal ways ourselves.
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
2.Restorative justice moves from a philosophy of vengeance and retribution to one of healing, reconciliation, and forgiveness. In contrast to the traditional criminal justice that focuses on the punishment of the offender. Restorative justice focuses on victims, offenders, and the community throughout the whole process of restoring justice. As a result, restorative justice can be applied to community-based sanction or to prisoner re-entry. In addition, within the traditional criminal justice system, the state acts on behalf of victims to punish an offender, making them feel angry, unsupported, socially isolated, and distrustful of a system that was designed to protect them.
The punishment fits the crime. That statement conforms to the ideas of a system know as retributive justice. Retributive justice is rooted in proportionality. This means that a punishment should be to the same degree of ones sin. This system appeals to me personally because it avoids giving people the chance to seak revenge.
The criminal justice system does many things for our society. It provides us with a place to put criminals. It acts as a rehabilitation center for those criminals so that when they come out of jail or prison they can reintegrate into society. The criminal justice system provides us with a forum in which we can solve disputes legally which is the court system. It also acts as a deterrence for potential future offenders by putting someone in jail or prison.
1. The difference between specific and general deterrence is the focus population. Specific deterrence focuses on deterring convicted offenders from repeating offenses. General deterrence focuses on deterring people who have not been arrested away from crime. 2.