THE CANADIAN CRIMINAL JUSTICE DELEMNA
THE CANADIAN CRIMINAL JUSTICE DELEMNA:
Is Restorative Justice an Effective Application of Criminal Law?
Many citizens of Canada believe the formal criminal justice system is failing. It is frequently criticized for being too costly and time consuming (RCMP website, 2006). The present system, focused primarily on retribution, does not seem to be helping the victims, who are largely excluded from meaningful participation and are often re-victimized by the legal process. Nor does it help a large percentage of the offenders, who do not learn in prison the kinds of behaviors that make them better, more responsible citizens. They instead, often continue their criminal tendencies once released (Bloom, 1999). A more satisfying system of justice is needed, and with this in mind, reformers in the field of penology are looking at alternative forms of achieving justice. A restorative response provides one such option to the traditional retributive justice system which prevails in Canada today. The philosophy of restorative justice varies greatly from that of a retributive system, but although it challenges us to rethink what justice is all about, perhaps there are situations appropriate for each of these approaches in a modern
Canadian criminal justice system.
This research paper will define the concepts of restorative and retributive criminal justice, and describe the foundation upon which each is based. The goals, processes, and desired outcomes associated with each system will be explained in detail. Strengths and weaknesses from perspectives of victim, offender, and community, will be reviewed.
Canadian Criminal Justice Today – Does It Meet the Needs? Crime means breaking the rules of the land. In Canada the “rules” are the laws set forth by the Canadian judicial system. Age-old human needs are such that justice must be seen to be done in response to violations of the law. Expectations include such things as punishment, deterrence, behavior
Is Restorative Justice an Effective Application of Criminal Law?
Many citizens of Canada believe the formal criminal justice system is failing. It is frequently criticized for being too costly and time consuming (RCMP website, 2006). The present system, focused primarily on retribution, does not seem to be helping the victims, who are largely excluded from meaningful participation and are often re-victimized by the legal process. Nor does it help a large percentage of the offenders, who do not learn in prison the kinds of behaviors that make them better, more responsible citizens. They instead, often continue their criminal tendencies once released (Bloom, 1999). A more satisfying system of justice is needed, and with this in mind, reformers in the field of penology are looking at alternative forms of achieving justice. A restorative response provides one such option to the traditional retributive justice system which prevails in Canada today. The philosophy of restorative justice varies greatly from that of a retributive system, but although it challenges us to rethink what justice is all about, perhaps there are situations appropriate for each of these approaches in a modern
Canadian criminal justice system.
This research paper will define the concepts of restorative and retributive criminal justice, and describe the foundation upon which each is based. The goals, processes, and desired outcomes associated with each system will be explained in detail. Strengths and weaknesses from perspectives of victim, offender, and community, will be reviewed.
Canadian Criminal Justice Today – Does It Meet the Needs? Crime means breaking the rules of the land. In Canada the “rules” are the laws set forth by the Canadian judicial system. Age-old human needs are such that justice must be seen to be done in response to violations of the law. Expectations include such things as punishment, deterrence, behavior