It insists that justice repair those injuries and the parties get to participate and be a part of the process (Prison Fellowship International, 2008). The restorative justice programs, therefore, enable the victim, the offender, and affected members of the community to be directly involved in responding to the crime (Prison Fellowship International, 2008). Restorative justice is another positive program that offers solutions to all parties involved providing a lasting impact on all parties…
There are two distinct kinds of retributive justice. The classical definition embraces the idea that the amount of punishment must be proportional to the amount of harm caused by the offense. A more recent version, supported by Michael Davis, discharges this idea and replaces it with the idea that the amount of punishment must be proportional to the amount of unfair advantage gained by the wrongdoer. Davis introduced this version of retributive justice in the early 1980s, at a time when retributive justice was making a recovery within the philosophy of law community, maybe due to the multiple failures of reform theory in the previous years. In the early period of all systems of law the redress of wrongs takes precedence over the enforcement…
In conclusion, restorative justice is a process in where all stakeholders get involved to address the harms and concerns of an offense, making an amends to repair the damaged caused. Restorative justice has truly helped the evolution of victims’ rights by letting them participate as much as they like and giving them a voice to where they can feel safe when confronting the offender for the first time. This approach upholds many values and principles aiming to achieve successfully encounter all restorative justice programs being victim-offender mediation, circling, and conferences. The significant aspects of authentic communication help to grasp the impact of a genuine apology, effort to make an amends and provide restitution as pay back. Rebuilding…
The core of restorative justice is comprised on fundamental guiding values such as respect, individual dignity, inclusion, responsibility, humility, mutual care, and the reparation of harms (Pranis, 2007). Guiding values evoke individual values including respect, honesty, compassion, open-mindedness and patience, so as to maximize peace while considering the needs of the victim, offender, community and all other stakeholders (Zehr, 2002). Restorative justice is an alternative approach to the traditional punitive justice system that extends the definition of crime as existing beyond one specific violent act (Pepinsky, 2000). Contrary to what is considered in Western society’s view of crime,…
The aim of this essay is to be able to explore what restorative justice is and how it has been developed in different places, showing if it works. There can be no doubt that restorative justice is now part of the criminal justice system in the United Kingdom and many other countries such as Canada, Australia, the United States, South Africa and New Zealand. The essay is going to be in three parts: Part I will provide an introduction to the ideas of restorative justice and explore its central propositions, claims and critiques made on behalf of restorative justice; Part II will provide the forms and model of restorative justice practice, indicating how they developed, explaining the ideas and principles embodied…
Restorative justice is a theory of justice that relies on reconciliation rather than retribution. The most important principle is depended on the notion that a developed society operates with a balance of “respect for human rights and the acknowledgment of the responsibility and accountability by which the new democracy wishes to be characterized (Tutu page 54).” What’s required for the successes of restorative justice when an event occurs that disrupt the equilibrium, methods must be establish to restore the balance, so that members of the community, the victim, and offender, can come to terms with the incident and carry on with their lives. One such example is from No Future without Forgiveness by Desmond Tutu, “the central concern is the healing of breaches, the redressing of imbalances, the restoration of broken relations, a seeking to rehabilitate both the victim and the perpetrator, who should be given the opportunity to be reintegrated into the community he has injured by his offense (Tutu page 54).” In order for this to transpire, the wrongdoer must take responsibility for the circumstance that their conduct has caused…
Restorative Justice is a great way to help stop crimes in our country. Restorative justice will help decriminalize the criminals in our jails and will help our earth become safer. Instead of just putting people in jail and leaving them there won’t help them, however, teaching them laws will help us all. If people in jail are taught restorative justice than they won’t commit crimes when they get out. Restorative justice is not about punishing the offender, but rather it’s about the offender working hard to repair the damage. It also helps the offender make better relations with the community by bringing them close. The offender and the victim can get together and talk to each other safely while discussing the incident. It gives victims to be…
This movement has become more popular since the 1970’s and continues to gain ground today. Restorative justice today is not about forgiveness nor is it mediation, not designed to reduce recidivism or repeating offenses, and is not a particular program or a blueprint. Restorative justice is also not an alternative to going to jail and does not mean it is the opposite of retribution. Restorative justice is simply about getting victim face to face with offenders and trying to get some relieve or unanswered questions…
The policy goal in terms of responding to child sexual assault and abuse is to decriminalise the occurrence of child sexual assault and abuse and this aims to achieve more equality, understanding, fairness, justice and reconciliation within the society. This can be achieved through the application and utilisation of Restorative Justice (RJ). In terms of the stakeholders, the survivors, their families, the community and the government organisations would benefit from the reparative and restorative aspect of RJ as they would believe that the offender truly understands their wrongdoing and knows and attempts to make amends. In terms of the offender, they would greatly benefit by utilising the RJ process, as they would be given…
Immoral actions such as possession and use of drugs are common elements relating to crimes. Notably, these variables impact the procedure of applying the law fairly to all offenders of all crimes. Though restorative justice and retribution may work together in theory, it may not work in practice. Thus, our current system of retribution, (which identifies with negative judgment), is the prevailing form of justice in our society. The principle of Retributive justice is to correct the wrong and prevent retaliation by the…
I believe Restorative Justice is the best ADR form suited for criminal justice. Restorative Justice primarily focuses on rehabilitating offenders through the reconciliation of victims and the community. Secondly, Restorative Justice is more appropriate for misdemeanors and minor offenses (substance abuse, traffic offenses and theft) due to the minimal sentencing. Once the offender has been reentered back into society he should be given the opportunity to right the wrong he has done to his victim through community service, an apology or repayment. If someone drives while under the influence of alcohol he should be ordered to volunteer with an advocacy organization (Mothers Against Drunk Driving) as a part of the terms and conditions of his sentencing.…
There are many field where restorative justice has been applied. This is already known that restorative is applied in criminal justice system. In case of criminal justice system, victims are asked about the influence of crime, discuss the accountability of the offender and other relevant question. Moreover, restorative justice is also practice in academic arena. Any misconduct by students or other staffs are approached by restorative justice to bring an appropriate solution. The adoption of restorative justice has also been noticed in case of work place, in large community issues and processes. However, restorative justice is also approached as a substance to protect the societies closer in time and culture to traditional habits.…
What is being overlooked is that restorative justice responses often contain retributive and punitive elements themselves – and sometimes, such as in serious cases, necessarily so. (Barton 1999, Ch. 10) Therefore, blaming retribution, or even punitiveness, for the ills of the criminal justice system is largely beside the point. Punishment and retribution cannot be ruled out by any system of justice. By implication, a more plausible critique of the status quo is…
What is Justice? Justice is a concept of moral rightness based on ethics; rationality, law, religion or fairness, as well as taking into account the inborn rights of all human beings and citizens, the right of all people and individuals to equal protection before the law of their civil rights, without discrimination. Justice is one of the great concerns of humankind. It is something for which people over centuries have been willing to struggle and even die. Examples of Justice are novels 12 Angry Men and The Green Mile.…
First, let us look at what the definition are for retributive, commutative, and distributive justice. Retributive justice “is the proper response to people who have acted unjustly, commutative justice is a fair exchange-through contract, covenant, or other agreement- that fulfills the rights and responsibilities of all parties involved, and the distributive justice is justice in the distribution of goods and services” (Driesbach, 2013).…