One objective in the criminal justice system is to rehabilitate offenders. In this paper, I will describe what rehabilitation is in prison, as well as provide the origin of rehabilitation. Next I will give a definition of parole and how it is different from mandatory release. I will also be giving a definition of probation and how probation compares to other forms of sentencing. This paper will also provide a definition as well as the options of community corrections. Lastly, I will critique the current rehabilitation and give my opinion on a better solution to the current parole process, the current probation system, and the current community corrections options.…
Completely, “The critical point is that thousands of people are swept into the criminal justice system every year pursuant to the drug war without regard for their guilt or innocence” (Alexander, 2010, p. 89). The criminal justice system does not rehabilitate, nor does it allow the convict to pay his or her debt to society. Alexander observes that judges are unable to consider mitigating circumstances, such as the likelihood of repeat offense, role, or motive. This sort of determinate sentence exacerbates the problem of prison overcrowding because imprisonment is often the only sentence allowable. Retribution, not rehabilitation, is often the only sentence that judges can impose.…
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,…
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).…
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…
Daly, K 2002, ‘Restorative justice: The real story’, Punishment & Society, vol. 4, no. 1, pp. 57, 73-4.…
nterest in restorative justice has been growing since the early 1990s. In many countries, programs, studies and discussion groups on the subject have proliferated. The failure of the punitive justice model, excessive use of incarceration and the alienation of victims and lack of response to their needs have generated support for this new way of thinking (Roach, 2000; Law Commission of Canada, 2003; Hudson, 2003). In Canada, the emergence of the restorative justice model can also be attributed to the inability of the justice system to find solutions to crime in Aboriginal communities and the problem of over-representation of Aboriginal persons in correctional facilities.…
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…
Restorative Justice brings persons harmed by crime and the person who harmed them, along with affected family and community members, together in dialogue that aims to build understanding, explore how the crime has impacted those involved, including the community, and develop agreements for what will be done to make things better.…
Lawanda, I too can appreciate both traditional and restorative justice. Leaders in criminal justice are being confronted with the needs of expanding offender populations while grappling with depreciating budgets. Seeking a more productive and effective medium of managing offenders has led many states to focus on the use of evidence based principles within community corrections agencies with proven methods of reducing offender recidivism (CJI, 2009). Violent and career criminals need to be incapacitated from society; therefore, prisons are a necessity. The foundation of restorative justice is reintegrative shaming and is generally reserved for first time offenders. In our contemporary world justice is not swift and God’s edict admonishes…
The concept of restorative justice is not clearly defined; often referred to as a ‘movement,’ and presented as an option to the mainstream of criminal justice. Rather than harsh punishment to the offender, restorative justice will attempt to establish a connection between the victim and the offenders (Sharpe, 1998). RJ attempts to repair the harm the offender caused the victim(s). This concept initiated in the 1970s, to allow dialog between the victim and offender. In the 1990s, the program expanded to include the community, families and friends (Sharpe, 1998).…
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.…
Section 718 of the Criminal Code of Canada outlines the six purposes of sentencing. The following six purposes under s. 718 are “1. to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct; 2. to deter the offender and other persons from committing offences; 3. To separate offenders from society, where necessary; 4. To assist in rehabilitating offenders; 5. to provide reparations for harm done to victims or to the community; 6. To promote a sense of responsibility” (Criminal Code, 1985). This is not the first time Mr. Custaldi has come in contact with the criminal justice system nor is this his first time being convicted of assault. Mr. Custaldi was on probation when he had committed his…
The criminal justice policy I have chosen to talk about is the 2010 – 2015 government policy: reoffending and rehabilitation. I will be analysing the government which was in power when this policy was set out and will also be looking at the impact the policy had on our society. The government’s main aim when looking at policies is to make sure our communities feel safe and secure, policies can both make a change and have a huge effect on our society. I will be exploring the outcomes and limitations of the legislation, also looking at theoretical concepts throughout.…
1990). In contrast to the community programs based on the rehabilitation model, deterrence programs do nothing to address the criminogenic needs of offenders nor their anti-social cognitions (MacKenzie 2011). Instead, proponents of this approach believe that the severity of the treatment will, in itself, deter people from committing future crimes (Patterson 2012). However, all of the studies chosen for this report concluded that treatment based on a deterrence model did not lead to a significant reduction in recidivism rates and, in some cases, even led to an increase in offender recidivism. In their 1990 study, Andrews et al. concluded that, to their knowledge, not a single study had linked criminal sanctions to lower rates of recidivism and, over twenty years later, MacKenzie (2011) proclaimed that there was still “no evidence” (p. 8) linking increased punishment and control to reduced recidivism. Lipsey and Cullen went one step further and analysed several studies that have linked deterrence methods to an increase in recidivism rates. Spohn and Holleran (2002) found that people sent to prison had higher recidivism rates than those placed on probation; Petersilia and Turner (1993) found that offenders placed on…