The wrongdoing lies in the violation of people and interpersonal relationships and not in the breaking of the rules. Karp and Breslin emphasize that restorative justice is about disapproving of the transgression while valuing and supporting the transgressor's intrinsic
The breaking of these ‘small’ laws is not to be taken lightly by justice and should have its consequences. Not to show whoever committed the crime to being a true criminal, but to prevent the worst outcome from what is considered ‘a small
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. Key words victims, victimology, criminal justice system, victim compensation, supreme court on
Selective incapacitation targets a specific type of offender, the type that is generally dangerous and more likely to continue offending outside of prison. Their prison sentences may be lengthier because of their unstable characteristics. There is a problem with selective incapacitation though; discrimination between races and ethnic minorities happen because they are more commonly found to be in the selective incapacitation approach. The other more expansionist approach is general incapacitation where the broad use of imprisonment is utilized “to achieve large gains in crime prevention by locking away even minor offenders” (Alarid & Reichel, 2017, p. 20). However, with this approach, the problem posed is overpredicting which results in avoidable long sentences for a population that would generally not
is likely that ex-offenders might relapse to criminal behaviorand return back to prison due to the difficulty and stress in managing a different yet normal life (Wikoff, Linhorst&Morani, 2012). This relapse to criminal behavior or reoffending after the offender receives necessary sanction or undergoes intervention for the previous crime is coined as recidivism (Maltz, 2001). Maltz (2001) also contends that recidivism is one of the most fundamental concepts in criminal justice. It results from psychological, social and economic consequences of the offence for the incarcerated individual (Rujjavanet, 2013). Existing studies on recidivism (New York Council of State Governments Justice Center, 2014; Maltz, 2001; Taylor, 2012) have consistently noted that unsuccessful reintegration and recidivism have been alarming problems confronting these correctional facilities.It has been established that one of the primary issues in the correctional services field is the reintegration of ex-prisoners (Shinkfield&Graffam, 2009).
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.
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
‘’The principle of manipulability refers to the predictable ways in which people act out of rational self-interest and might therefore be dissuaded from committing crimes if the punishment outweighs the benefits of the crime, rendering the crime an illogical choice.’’(http://www.biography.com/people/cesare-beccaria-39630) Beccaria believed that the criminal justice system needed to be changed, he thought the present criminal justice system was ‘barbaric and antiquated’. Beccaria also believed that certain laws should be changed and who they should benefit. He believed the system should establish the appropriate punishment for each crime committed. Unlike many of the other theories ‘’On Crime and Punishment’’ wanted to help and protect the rights of the criminals as well as the rights of the victims, he believes that punishment of the criminals should be that which serves the greatest public good. Beccaria also put forward in his theories the first modern argument against the death penalty.
The Unfair Advantage Theory All explained above was about the classical retributivism. At the end of the 20th century, because of some failings in practical theories and utilitarianism, retributivism was regenerated. In those years, somehow early 1980s, Michael Davis proposed his theory, named ' 'fairness theory ' ', about the punishment by which he advanced the retributivism theory and made it more evolved. He argued that the punishment should fit not only the crime but also the amount of ' 'unfair advantage ' ' which were achieved by the wrongdoer. The main difference between unfair advantage and lex talionis is that the former theory focused on what the criminal achieved by committing the crime while the latter one just considered what the victim has lost.
The preventive theory is founded on the idea of preventing repetition of crime by disabling the offender through measures such as imprisonment, forfeiture and suspension of licence. Preventive theory was supported by utilitarian law reformers. It has a more humanising effect on the society as this theory doesn’t propagate avenging the crimes but aims to make the society safer by keeping offenders in jails. In their view, it is the certainty of law and its severity which has a real effect on offenders. The development of the institution of prison is essentially an outcome of the preventive theory of crime.