Restorative Justice Issues In Criminal Justice
Factors surrounding the theory
The driving force behind RJ is to have everyone affected by the crime (offender and victims) assemble together. The attempt is to work out the situation in a humane and benevolent manner. The discussing groups will include a facilitator, the victim(s) and the offender. Some of the major issues discussed will be forgiveness, restitution, and restoration in an attempt to heal. The type of crimes dealt with in this setting are not of a punitive nature, and there may be an opportunity to save this offender from the experience of the correctional system.
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).
The issue surrounding RJ
While there is an agreement that offenders are responsible for their actions against society, the sentencing to jail (or prison), is the issue on which …show more content…
restorative justice is built around. Rather than punishment for acts of misconduct, it is an effort to alleviate the harm while preserving the offender. However, various articles indicate that while the United states utilizes the practice, it is not clearly defined, nor is the use of restorative clearly outlined as to when it would be more effective.
Substance for use of the theory Currently, the following are consideration for using restorative justice: o That this idea would substantially reduce offending for some offenders, but not all, o It reduces repeat offending more than prison for adults and at least as well as prison for youths, o It doubles (or more) the offenses brought to justice as diversions from criminal justice, o When used as a diversion it helps reduce the cost of criminal justice, o It provides both victims and offenders with more satisfaction that justice delivered by the traditional criminal justice system, (http://restorative justice.org/restorative-justice/about-restorative-justice/tutorial-intro-to-restorative-justice/lesson-6-benefits-of-restorative-justice/ o It reduces crime victims’ post-traumatic stress symptoms and the related costs, and o It reduces crime victims’ desire for violent revenge against their offenders (Sherman & Strang, 2007).
(Sherman, LW and Strang, H (2007) Restorative Justice: The Evidence. London: The Smith Institute)
However, the tools of execution remain questionable. The reasons cited below still cause high concern of RJ as an alternative to punishment.
1. Too little use is being made of tested practices, especially for serious adult crimes.
2. Too many RJ practices remain untested, despite their widespread use.
3. Too many tested practices go unused because untested practices have captured the available public funding for restorative justice. (3) www.rightoncrime.com. Restorative Justice: An International Journal 13 Downloaded by [99.109.137.223] at 22:31 09 November 2015
Conclusion
While the concept of restorative justice appears viable, there are arguments of many weaknesses and faults in the concept, specifically in the two areas of offenders (juveniles and adults).
Criminal acts frequently involve an injustice to one or more specific persons and the violation of ethical laws.
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
victim. (G.V. Bradley,http://www.hertiage.org/research/reports/2012/03/retricution-and-over criminalization)
The offense often warrants other punishments; leaving the determination of when and if the use of restorative justice would be a viable resolve to offensive acts.
The driving force behind RJ is to have everyone affected by the crime (offender and victims) assemble together. The attempt is to work out the situation in a humane and benevolent manner. The discussing groups will include a facilitator, the victim(s) and the offender. Some of the major issues discussed will be forgiveness, restitution, and restoration in an attempt to heal. The type of crimes dealt with in this setting are not of a punitive nature, and there may be an opportunity to save this offender from the experience of the correctional system.
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).
The issue surrounding RJ
While there is an agreement that offenders are responsible for their actions against society, the sentencing to jail (or prison), is the issue on which …show more content…
restorative justice is built around. Rather than punishment for acts of misconduct, it is an effort to alleviate the harm while preserving the offender. However, various articles indicate that while the United states utilizes the practice, it is not clearly defined, nor is the use of restorative clearly outlined as to when it would be more effective.
Substance for use of the theory Currently, the following are consideration for using restorative justice: o That this idea would substantially reduce offending for some offenders, but not all, o It reduces repeat offending more than prison for adults and at least as well as prison for youths, o It doubles (or more) the offenses brought to justice as diversions from criminal justice, o When used as a diversion it helps reduce the cost of criminal justice, o It provides both victims and offenders with more satisfaction that justice delivered by the traditional criminal justice system, (http://restorative justice.org/restorative-justice/about-restorative-justice/tutorial-intro-to-restorative-justice/lesson-6-benefits-of-restorative-justice/ o It reduces crime victims’ post-traumatic stress symptoms and the related costs, and o It reduces crime victims’ desire for violent revenge against their offenders (Sherman & Strang, 2007).
(Sherman, LW and Strang, H (2007) Restorative Justice: The Evidence. London: The Smith Institute)
However, the tools of execution remain questionable. The reasons cited below still cause high concern of RJ as an alternative to punishment.
1. Too little use is being made of tested practices, especially for serious adult crimes.
2. Too many RJ practices remain untested, despite their widespread use.
3. Too many tested practices go unused because untested practices have captured the available public funding for restorative justice. (3) www.rightoncrime.com. Restorative Justice: An International Journal 13 Downloaded by [99.109.137.223] at 22:31 09 November 2015
Conclusion
While the concept of restorative justice appears viable, there are arguments of many weaknesses and faults in the concept, specifically in the two areas of offenders (juveniles and adults).
Criminal acts frequently involve an injustice to one or more specific persons and the violation of ethical laws.
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
victim. (G.V. Bradley,http://www.hertiage.org/research/reports/2012/03/retricution-and-over criminalization)
The offense often warrants other punishments; leaving the determination of when and if the use of restorative justice would be a viable resolve to offensive acts.