Preview

Restorative Justice System

Good Essays
Open Document
Open Document
1418 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Restorative Justice System
Introduction In the adversary system, crimes are seen as on offense committed against the state. It views the offender as a completely free and rational individual who volunteers to engage in criminal activity. Therefore, the focus of this system is punishment and control; which, should be tough enough to promote specific and general deterrence. Unfortunately, though being tough on crime and the offender, is assumed to reduce future crime through deterrence; it fails to do so. It also minimizes the involvement of the victim within an offense. However, an alternative form of justice known as restorative justice, does the opposite by not focusing on punishment but, on therapy and restoration.

Restorative justice is defined as a “series
…show more content…
Due to their victimization, they may have committed certain offenses as coping and survival mechanisms. These women could have been subjected to commit these crimes because they have run away from their homes as a result of being subjected to violence; whether it may have been sexual, physical, mental, or emotional or have experienced early childhood trauma due to similar events. Through consideration for the gender-specific nature of these pathways, gender responsive approaches are beneficial. Restorative justice arguably assists with the development of juvenile females by functioning as a therapeutic and healing mechanism (Van Wormer & Bartollas 2014). Since intimacy and the development of relationships are important and necessary for adolescent development, strategies implemented by restorative justice, create the opportunity for these females to so; despite their previous actions. Through communication and listening, it simulates restoration for these juvenile female offenders to restore their own broken relationships which they may have faced in their background of victimization. Restorative strategies which address a young female offenders background of victimization could help her realize her own history of victimization and how her actions have affected another individual. Thus, by participating in these restorative strategies, the …show more content…
It serves as a therapeutic mechanism that is beneficial for not only the offender but the victim as well. It allows both parties to express their feelings on situations and come to a collective understanding on how the offense may have affected them. Additionally, it allows the victim and the offender to come to a collective agreement on how things can be restored. More specifically, it succeeds greatly with female offenders as an option for them to have their history of victimization acknowledged to understand the context behind why they may have offended and how their actions have victimized others. However, it fails to be successful for all offenses (i.e. gendered violence) due to the possibility of manipulation, re-victimization, etc. To prevent issues such as these from occurring, it would

You May Also Find These Documents Helpful

  • Better Essays

    The criminal justice system has many objectives which it intends to achieve through various punishments. One such objective is to deter social deviants by threatening them with the possibility of facing harsh punishment to pay for their crimes (Ferris & Stein, 2016). The criminal justice system also achieves retribution by responding to crime by retaliating or revenging the crime. The criminal justice system also incapacitates social deviants so as to protect members of the society through imprisonment or execution in some cases. Additionally, the system also intends to rehabilitate criminals so as to encourage them to refrain from socially deviant…

    • 1239 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    A Sentencing Circle is a Restorative Justice initiative which aims to recognize the needs of victim Sentencing Circle has the participation of the community and identify the rehabilitation needs of the offender. Sentencing Circles replace sentencing in formal justice system. A Sentencing Circle includes the crime victims, offenders, family and friends of both, community residence, social service personnel. Everyone in the circle has the opportunity to share what they are feeling in the hearts on the event has effect their life.…

    • 218 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    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…

    • 278 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    There are empirical claims that restorative justice does not meet its own claims (Braithwaite 2002, Daly 2002, Van Ness 1993); philosophical and sociological claims that humans continue to carry base retributivist and vengeful motivations that are impervious to so-called transformative processes (Acorn 2004); legalistic claims that restorative justice unfairly coerces and manipulates its participants to forgive (victims) or confess and accept harsher terms (offenders) than legal rights and rules would permit in formal justice institutions and that restorative justice does not deliver equitable or equal justice (Dolinko 2003, Delgado 2000); anthropological critiques that concepts in restorative justice ideology are culturally specific and not universal (Avruch & Vejarano 2001) and that notions of community are social constructs and can be manipulated for bad ends (Weisberg 2003); and political claims that restorative justice processes will be manipulated, corrupted, co-opted, and deformed to produce oppression, more state surveillance and discipline, and more inappropriate social control (Abel 1982, Levrant et al. 1999).…

    • 4737 Words
    • 19 Pages
    Powerful Essays
  • Good Essays

    Moving forward, we examine the rehabilitation view. This view of punishment fails the guilt requirement because the criminal justice system would have to sort out all the potential criminals from society and attempt to rehabilitate them and attempt to make them into a better person, which would be nearly impossible. It also fails the equal treatment requirement because each criminal would require a different form of…

    • 581 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    I think that the restorative justice model would indeed help decrease and prevent crime rate in our society. This model allows the offender to comprehend the impact of their actions done on the victims and the community. As a matter of fact, crimes happen every day. For instance, If you take a look at the incident that occurred in London just a few days ago, this attack injured forty-eight people, twenty-one people are fighting to remain alive, and seven were killed instantly [1]. This attack has left the community not only in shock but also frightened of what is to come. Not to mention, no place will ever be safe, but hopefully, this model would help rehabilitate the community and the victims…

    • 132 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    Introduction: Domestic violence is a widely discussed topic in society with its effects far-reaching and destructive. However, since it is a crime that generally goes underreported in crime statistics various means of research have allowed us an understanding of this crime and its effects on the individual as well as society. (Hayes & Prenzler, 2012) In order to obtain a greater understanding of domestic violence and the ways in which we can deal with it we will compare the effects of domestic abuse on women who have suffered domestic abuse to the children of these women, allowing us to come to an understanding as to whether restorative justice should be used to punish offenders and help rehabilitate victims.…

    • 3350 Words
    • 14 Pages
    Better Essays
  • Good Essays

    It is however important to note that Restorative Justice can be used as a process even in cases involving violence or dishonesty. What is important is the stage at which the Restorative Justice process is introduced. Each case will have to be carefully considered and an appropriate decision will be made as to whether the Restorative Justice process or program should be introduced before the charge, before the trial, during the trial before sentencing or after the sentence. The role players will also have to decide what the appropriate restorative justice processes or programs are. Petty offences may be diverted without a trial but offences that involve a level of violence may have to involve Restorative Justice Process only before sentencing or after…

    • 698 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Many people call for retributive justice in response to police officers who committed the crime against young African – American men. According to Urquia, excessive use of police force is wrong. They should focus on the dysfunctionality of the system that seems to be affecting the community.(Urquiza). Criminal justice system should focus on reforming the policies in order to maintain law and order within the communities. Restorative justice rather than retributive justice is implemented to those police officers who committed the crime. Urquia stated, the excessive use of police force has resulted from poor police decision making.…

    • 600 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Restorative Justice

    • 1919 Words
    • 8 Pages

    But retributive approach based programs have a variety of factors to choose and implement from, and not all factors are effective. The restorative justice approaches have consistency in the outcomes. Restorative justice approaches are useful in helping understand why the offender’s actions were wrong and how it affects the victim, both the victim’s and offender’s family, friends, and the community. Whereas, retributive approaches is basically a slap on the wrist every time the offender portrays undesirable actions, referring to being sanctioned and punished. The offender does not receive the opportunity of knowing why they are punished. Although the cognitive behavioral method shows offenders how to think, it is not mentioned whether the offenders would truly understand the rationale behind why certain actions are undesirable. Mr. Custaldi’s recidivism is possibly a result of not comprehending the effects of the injustice that has been done by committing the criminal…

    • 1919 Words
    • 8 Pages
    Better Essays
  • Good Essays

    Restorative Justice

    • 1123 Words
    • 5 Pages

    RJ is popular and implemented worldwide due to its ability to link the contemporary beliefs of the community to the punishment, those being the notions of repairing the damages, restoring good faith, reconciling with the survivors and reintegrating within the community. RJ offers a flexible, humane and informal atmosphere during the process, which allows for genuine participation and involvement on behalf of all the parties with a stake in the sexual abuse and assault case. RJ successfully ceases ‘misconduct, punishment, retribution, vengeance and recidivism’, and in its place promotes compassion, repentance and accountability, with the opportunity for reconciliation and…

    • 1123 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    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.…

    • 242 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    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.…

    • 113 Words
    • 1 Page
    Satisfactory Essays
  • Best Essays

    The growing rate of women in prison has spawned widespread awareness in our society; leading people to question why the percentage multiplied exponentially over the past three decades. In the past, female offenders have not only been compared to their male counterparts, but to society’s view on the role of women; the roles that labeled them as housewives and mothers. But how did these housewives and mothers go from the home to the prisons? The subject of women’s issues has sporadically been discussed in our society, and it has just recently being uncovered that women operate differently than men in situations; and those differences are now starting to effect the growth rate in the population of women in prisons.…

    • 2738 Words
    • 11 Pages
    Best Essays
  • Good Essays

    * The point of justice would no longer be vengeful suffering, would work toward the larger goal of building communities.…

    • 1188 Words
    • 5 Pages
    Good Essays