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. It also focuses on the harm done to people and the relationship rather than the breaking of law.
Restorative
Money is everything in today’s world, more money means more power , so corporations for their major contributions to the economy by giving jobs and paying taxes are favoured by judges whilst an individual is nothing to compare, and yet again corporation can afford to hire better lawyers than what an individual could, rarely does it happen that you hear on the news about an individual who beat a corporation in a court debate, also because of the toll and srees that an individual would have to go through in order to beat a corporation in court. Natalie DeFreitas has made numerous points as to why restorative justice as better than/more effective than the current law system here in Canada. The speaker talked about the 70% recurrence of crimes whereas only 15% repeat crimes after restorative justice, Texas’ crime rates and jail enrollment have dropped, the cost of jail enrollment is 115,000 CAD$ for one year per person, whereas restorative justice only costs about 10,000 CAD$ for the same person throughout the same term and how much more effective can restorative justice be with a provided life example of John’s case, the bottom line is that restorative justice reduces crimes, improves the lives of criminals by healing and makes communities a safer
110). According to the author, the aim of restorative justice is to heal communities from an incident where people were harmed and, ideally, help prevent the same thing from happening again. I believe that, there is going to be a higher possibility of crime reduction in schools and in different neighborhood if victims and offenders mediate a restitution agreement to the satisfaction of each other. In conjunction to this, if the government can be more committed in supporting these approaches, I believe that there will be a massive drop in crime
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
Being a voluntary process, restorative justice requires the offender to take responsibility for their actions, truly understand their impact, and begin a journey of healing (Eggleton & Saint-Germain, 2018). Many Indigenous offenders are the product of their circumstances and feel helpless against the systemic hurdles they must overcome within society (Editorial Board, 2022). Restorative justice takes a less traditional approach compared to the oppressive justice system of today, enabling the Indigenous offender to be treated as a human being, and not just another statistic (Eggleton & Saint-Germain,
Restorative Justice past practices and activities that are popular within the Restorative justice movement are Prisoner rights and alternatives to prisons, which is a program to change prison condition and minimize incarceration sentencing, Conflict Resolution is a program that creates neighborhood justice centers available to the community. The Victim offender Reconciliation program (VORPs) is a meeting between the victim and the community, Victim-Offender Mediation (VOMS) is mediation between the victim and the offender, Victim Advocacy is the victim rights group which focused on the efforts for restitution for the crime. The family group conferences (FGCs) allow the victim and family and the offenders to meet. The Sentencing Circle includes
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.
This is explained due to restorative justice taking different forms and that it can be implemented in various ways, from community-based programs to court-ordered programs (Dandurand & Griffiths, 2006). However, it is widely recognized that restorative justice is proliferating across the country, with many criminal justice agencies, schools, and communities implementing the programs. The National Association of Restorative Justice lists several states, such as California, Colorado, Minnesota, New York, and Oregon, as having well-established restorative justice programs (NACRJ, 2022). The Restorative Justice Program is based on the principle that when a crime is committed, it harms the victim, the community, and the offender. The program aims to repair the harm and restore the relationships between the parties involved by bringing them together to participate in a dialogue.
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
The theories of Restorative Justice and Utilitarianism seem to have much in common. Both aim to reach a virtuous response to crime, and therefore they are positive and forward looking. Utilitarians argue that punishing offenders crimes are likely to be reduced. Jeremy Bentham identified two objectives for punishment that share the same idea. Specific deterrence and general deterrence purpose are to increase the "price" for a criminal act in order to discourage potential offenders from choosing to commit crimes.
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).
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.
Punishment is an infliction of a penalty that resulted from an offence. Punishment is also naturally justified when administered to those who deserve it. Retributivists claim that people who break the law deserve the punishment they get. Retributivism views punishment as a fair judgment and believe that the state should punish those who are found guilty of their wrongdoing because they deserve it. A person deserves the same treatment they inflict on others.
The shortcoming of this approach is that it is not appropriate for more serious crimes such as rape and murder, because in cases like those, most of the time there is nothing that offenders can do to restore the loss or make things right The benefit of this approach is that all parties who are involved get the chance to face each other. The victims get an opportunity to be directly involved in the process and get a chance to respond to the crime committed against them. The offender becomes aware of how their offense has impacted the victim, and this in turn allows the offender to take responsibility and to apologize or show remorse to their wrong doings. Through the process healing is promoted to all the parties involved, the offender might be required to pay for the harm caused.
Researchers infer that the “restitution and community service agreements emanating from Restorative Resolutions was a voluntary and collaborative effort between victim, offender, and the community organizations that participated (page ???)” had the greatest impact in reducing recidivism
Though forgiveness and clemency matter significantly in social life, they play comparatively small roles in criminal justice system. The criminal procedure is dominated by the State whose interests in deterring, debilitating and imposing retribution leave little room for forgiveness. However, justice need not be so austere, intangible and uncongenial. A more modified, concrete criminal justice system could give much better credence to the benefit and needs of the offenders, victims and members of the society. An offender usually inflicts both physical and psychological injuries upon a victim.