Traditionally, crime has been viewed as a violation against the state. Still too little attention is given to the fact that criminal acts are also violations of the victims and the communities. Punishing and correcting offenders’ criminal behaviors should not only be conducted using the concepts of retribution, incapacitation, and deterrence, it should also be designed to repair the damages done to the victims and the communities. Many benefits are associated with shifting to the restorative justice model, for the victim, the offender, and the community. Restorative justice benefits the victims by giving them a voice regarding the accountability of the offender.
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.
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
In the developing world, incarceration goes beyond the idea of applying a just punishment upon the offender for committing a criminal action or following a destructive behavior that disturb the public interest and the stability of the community. Incarceration also holds the responsibility to prepare the offender to integrate with the community after he goes out. This rehabilitation should be done on healthy bases that assure the mental health of the offender.
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).
Just imagine the city of Houston being populated with nothing but prisoners. This is how badly the prison system has gotten overcrowded since the 1980's, and it is only going to get worse. Overpopulation has affected the lives of prisoners inside and outside of prison with a plethora of reasons that cause more harm than good. The only way to solve these problems is to reform the programs inside prisons and to reform the laws in the justice system. Prison reform is needed in the current rehabilitation programs inside of prison since little effort is used to implement a correct recovery for the convicted.
Taking this first step in reconciliation allows for a face to face encounter where restorative dialogue can occur between the victim and the offender in a genuine interaction (Dancig-Rosenberg and Galt, 2013). Furthermore, this process requires that the offender take explicit responsibility for the actions committed while listening and responding to the victim affected by their crime so as to present their own approach for repairing the damage caused (Dancig-Rosenberg and Galt, 2013). This process promotes honest dialogue and an empowering experience for the victim as they feel that their needs are heard and feelings expressed (Dancig-Rosenberg and Galt, 2013). In all, restorative justice benefits the victim, the offender and the community as community ties are strengthened while the process of the restorative approach discourages the offender from committing further crimes through the use of an open-minded and rehabilitative process (Dancig-Rosenberg and Galt,
V. PRISON REFORMS The main part of this research paper is the reforms for the conditions of prison and make prison a better place for prisoner and make an alternative for incarceration. The prison Reform for prevention of overcrowding in prisons: A ten-point method for reducing the overcrowding in the prisons all over the world, these points are1: 1. Collect and use data to inform a rational, humane and cost-effective use of prison.
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.
Mandatory sentencing began in October 27 1986 Reagan signed a law Anti-Drug Abuse Act of 1986. Frontline writes that the law allocated funds to new prisons, drug education, and treatment. But its main result was to create mandatory minimum sentences. The harsh sentences on crack cocaine use disproportionately affect African-Americans April 22, 2014.
The issue of prison overcrowding has been an increasing in America. There are about 2.2 million Americans in jail or prison. The number of people in prison have gotten so large that about one in every 100 adults are behind bars. The increase in inmate population in the United States is a concern to me because some of these people have committed non-violent crimes or have drug related crimes. These people should be placed in rehabilitation centers or be counseled about drug distributing.
51% of all prisoners released are returned to the prison system and nearly 30% are returned within the first six months of their release (Pinard, 2006). Roughly two-thirds of all prisoners are rearrested within three years (Pinard, 2006). The high rates of incarceration and recidivism have reinvigorated debate about the purpose of the prison. The time is ripe to debate prison reform. "America 's penal system needs a top-to-bottom overhaul - and a movement of people ready to do something about it is taking shape nicely" (McCarthy,
Prison Overcrowding in America In our country today, we account for roughly five percent of the world’s population, yet we hold over twenty-five percent of the globe’s inmate population. According to John Irwin, we currently imprison more people for lesser crimes than any other country in the world. In 1987 alone, our prison population rested steadily at just 500,000 incarcerated inmates in the U.S. Although in the past twenty-seven years, the American prison population has actually quadruped to almost 2.4 million (Pratt, 2009).
Worsening the problem, as the increase in the incarceration of individuals continues, the sense of rehabilitation for inmates has been heavily reduced. This is not just by chance, but rather because the capitalistic private prison industry does not view incarcerated individuals as