...1) Define "Restorative Justice". Do you feel that this concept provides realistic and effective sentencing alternatives? I feel Restorative Justice does provide realistic and effective sentencing alternatives because it is believed that not only the offender gets to be restored but the victim and the justice process as well. One of their goals is to hold the offender accountable to help them to become productive, law-abiding members of their community. The Restorative Justice has an impact in the U.S. sentencing practices, but also it became influential international wide. 2) Define "Probation"! When do you feel this sentencing option can be a viable alternative to jail or prison? Probation is a release condition for a convicted...
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...lot of work within the criminal justice system and the Aboriginal communities to create new restorative justice programs to amalgamate Aboriginal justice traditions and reduce the number of Aboriginals within the criminal justice system. Within the last ten to thirty years these many new restorative justice programs have been created, such as: Youth Criminal Justice Act (YCJA), Circles of Support and Accountability (CoSA), RJ option project and conferences. Many communities have had success from the restorative justice programs. Despite all the good work within the programs there is underlying problems will be identified. While despite all the good work with the programs there are underlying...
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...Restorative Justice May 26, 2014 CJA/224 The three components that make up the restorative process are mutual, voluntary consent to participate, meeting in a mediated setting and follow-up. First component of the restorative justice process is mutual. Both the criminal and the victim must be agreeable to meet without pressure or coercion from anybody. In fact, the simply principle for whether a felonious difficulty must be well-thought-out for restorative justice processes is whether the victim and criminal have developed to the procedure. Only if both parties decide to arbitrate will the process happen. The second component of restorative justice process is the meetings in which the facilitator will meet separately with both the victim and the criminal. During these meetings the facilitator hears from both parties what occurred and in what way the crime has affected individuals and families. The facilitator defines the procedure and the objectives of facilitation and replies to any inquiries that both parties may have. The final component is the follow-up process. Once an agreement has been prepared by the law breaker that will be overseen, they have a trend to implement the agreement. When contracts are preserved, the lawbreaker is requested to a get-together, with or without the victim at the victim’s select, to explain his or her intentions. The scenarios in the case study demonstrates how the crime had consequences to the community past mischief to the...
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...Juvenile Offenders Juvenile crimes make up an overwhelming amount of arrests in the United States. The Office of Juvenile Justice and Delinquency Prevention reported that in 2010, courts with juvenile jurisdiction disposed more than 1.3 million juvenile offender cases. Also in 2010, there were 225 arrests for Violent Crime Index offenses for every 100,000 youth between 10 and 17 years of age (OJJDP, 2012). Violent crime committed by juvenile offenders peaks during the after school hours. Nearly one-third (29%) of all violent crime committed by juvenile offenders occurs between 3 p.m. and 7 p.m (OJJDP, 2010). According to the 2011 Juvenile Offenders and Victims: National Report Series, in 2009, 22% of arrests involving youth who were eligible...
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...Restorative Justice Paper Luis Sanchez Life is about making wrong and bad choices, there is not a single individual on earth that was born with the appropriated knowledge of what is right and was wrong. No individual is perfect they are all equal and all go through struggle, and by struggling choices are being made whether are choices with appropriate behavior or inappropriate behavior. Some individuals know how to control themselves before a tragedy occurs, but most fail to control their temper and they violate the law, and by violating the law consequences are implement because justice must be obtain. Once an offender commits crime then it is more likely for the case to go to trial. The criminal justice system is the practices and institutions of governments directed at upholding social control. So when crime occurs the defendant will receive either a punishment or sentence. The criminal justice system and other systems that are against crime and inappropriate behavior are always on the side of the victim, because their goal is to obtain justice. The restorative justice is an approach to justice that focus on the needs of the victims and offenders, as well as the involved community instead of satisfying abstract legal principles or punishing the offender. Restorative justices involve both victim and offender and focuses on the personal needs. It is based on a theory of justice that considers crime and wrongdoing to be an offence against an individual...
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...Hate Crime Analysis According to "The United States Department of Justice" (2014), “Hate crime is the violence of intolerance and bigotry, intended to hurt and intimidate someone because of their race, ethnicity, national origin, religious, sexual orientation, or disability” (para. 3). This hate crime analysis will provide a brief description as to what specific factors serve as a basis for victimization. Specific case examples and restorative justice models will be assessed. Benefits and challenges of the use of restorative justice will be discussed, and contemporary research instruments to measure the victimization of gays and lesbians will be the focus. Lastly, the identification of the criminological theory that explains the victimization of the chosen group. Over the years, dominant groups, and communities with similar cultures and beliefs have asserted their prejudices on other groups believing differently. Many times these assertions or acts of power similarly resemble the power-control and gender-based theories. Groups that assert power or control over individuals by intimidation or violence can be known labeled as hate groups. The last few decades have brought about a voice for civil rights, a fight for women’s rights, and a surge of protests for gay and lesbian rights. These protests further fuel a loathing and hostility by these hate groups. Victimization Factors The victimization of gays, lesbians, and bisexuals are the focus of this analysis. Sexual...
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...Restorative Justice Paper Joseph R. Bain CJA 224 July 05, 2014 Aileen Azadian Introduction Among many basic human qualities is the fundamental need to assign blame and punish wrongdoers. With the framing of the U.S. Constitution the people and the government sought to stress the importance of law in order to maintain among many things, moral principles which were vital to human life, justice and liberty. The expectation being of course that laws would help maintain social order which would ensure life, liberty and justice. To highlight this fact, violating the law carries with it certain consequences. Perhaps the most significant of these consequences is the concept of punishment. The idea and purpose of this concept is to assign the deserved punishment relative to the violation. The mechanism of punishment helps to discourage and deter others in society from committing such behavior. There are 5 rationales that exist, operate and support the idea of punishment in today’s criminal justice system. They are retribution, deterrence, rehabilitation, restoration and incapacitation. Retribution centers solely on the punishment of the offender. Almost as a bi-product of retribution comes deterrence. Deterrence, as stated before helps to discourage others in society from committing criminal behavior. Rehabilitation helps to reform offenders in the hopes of eventually reintegrating offenders back into society as productive members. Restoration seeks to make the victim and...
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...Restorative Justice Rose Stevens CJA/224 June, 16th, 2014 Restorative Justice Restoration is one of the goals of the criminal justice system. The idea of restoration is to restore the criminal and the community affected by the crime. Restorative justice stems from the idea of restoration. Restorative justice is different than retributive justice. In this essay I will discuss the restorative justice process, the difference between restorative and contemporary justice, and how restorative justice worked for the RJ city case study. Restorative Justice Process Restorative justice deals with "the need to compensate victims, the need to place appropriate responsibility on the criminal offender, and the need to attempt the reintegration of the offender with the community" (Schmalleger, Hall, & Dolatowski, 2010, Chapter 14). The way we used to view crime was like a violation against the state. We now understand that crime also violates an individual. The idea of restorative justice is to restore the victim and the criminal instead of just the criminal. There are three main processes involved in the restorative justice system. There are restorative circles, restorative conferencing, and victim-offender mediation. Restorative Circles Restorative circles are meetings that include the offenders, victims, friends and families, interested members of the community, and some representatives of the justice system. ("Restorative Justice Online", 1996-2014). There is a facilitator...
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...Restorative Justice Criminal Activity has been a part of societies throughout the world for thousands of years and for thousands of years these criminals have been met with a variety of different punishments. All of these punishments have 4 fundamental justifications in mind when punishing a criminal they include retribution,rehabilitation,deterrence and incapacitation. A 5th concept has made its way into these justifications for punishment and that is the concept of Restoration or Restorative Justice. This concept started to gain popularity through the 70s and 80s and has since progressed into becoming part of the criminological vernacular and is now studied and theorized by many academics worldwide. Throughout this essay the meaning of “Restorative Justice” will be broken down and explained as well as talking about its effectiveness with tackling different forms of crime and whether or not it has a place in the future of Criminology. In particular the application of Restorative Justice to intimate partner/family violence will be explored. Restorative justice is quite complex as it does not hold one meaning or definition but instead incorporates a range of different concepts that assist in achieving justice (K Daly, H Hayes 2001). Very basically it is a form of justice that tends to move away from traditional forms of punishment such as jail and monetary fines and instead focuses a lot more on the relationship between victims and offenders. It works on rebuilding and repairing...
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...Multiple studies show that the best predictor for delinquent behavior in the future is delinquent behavior in the past. The youth continue their delinquency with no guide to change their delinquent behaviors. A study conducted by Abram et Al. followed approximately 2000 juveniles for an interview after serving three years in a detention center. The interview uses a child and adolescent function scale to determine what area the juvenile would need the most attention. Reports form the surveys identified that at least 30% of those juveniles were impaired in many areas. This can mean that they are likely to keep committing crime since the needs are not addressed or they will become adult offenders. These individuals are in need of interventions...
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...Restorative Justice J Al CJA/224 June 11, 2013 According to Restorative Justice Online (RJO, 2014), “ Short descriptions of the three main processes most often identified with restorative justice: restorative circles, restorative conferencing, and victim-offender mediation” (RJO, 2014, para. 1). Restorative circles are meetings held in a community facility that is attended by victims, offenders, family, friends, and even people from the community that are interested. Representatives of the justice system are usually in attendance as well. The facilitator is referred to as a “keeper.” His or her job is to keep everything in place. The participants in the meetings take turns to address their issues pertaining to the crime. The purpose of the circle is to eventually have a constructive outcome. The purpose of restorative conferencing is to have the offender and victim have a meeting together and make things right. There is also a certified facilitator that gives both the victim and offender a chance to speak. The process includes three conferences. There is the pre, actual conference and the post. The pre-conference prepares the victim and offender for the actual conference. The actual conference is there to try to have an agreement between the two. The post conference is there to assure that the agreement between the victim and offender is still in tact. The facilitator’s goal is for the victim and offender to have mutual respect. According to Restorative Justice...
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...“Privatizing conflicts”. Concerns with restorative justice Table of content Introduction 2 1 The appeal of restorative justice 3 2 Privatizing conflicts 5 2.1 Legal sphere concerns with privatizing conflicts 5 2.2 Feministic concerns with privatizing conflicts 8 3 Underexplored pitfalls 11 Conclusion 12 References 14 Introduction This paper is written within the framework of the master course ‘Restorative Justice’. It aims to be an academic reflection on some of the concepts educated throughout these classes.[1] The literature on restorative justice is extensive and therefore the case for it will not be made again here. Basic notions will not be repeated in this paper. The majority of criminologists already accept the letdown of the current criminal justice system on certain accounts; problems have been solidly exposed and opponents of restorative justice have been constantly defending the need for their rationale. Perceived advantages are well-known and have been documented soundly. But this work attempts to look beyond the reform minded and optimistic spirit that most of the restorative body of thought (rightfully) carries. Certain less obvious aspects of the theory might be underconceptualized, overlooked or taken for granted. Taking the concern of some more critical authors that restorative justice processes ‘privatize’ conflicts as a starting point, it will be explored whether or not this privatizing...
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...Restorative Justice Paper CJA/224 Candy Burtle Barry Preston December 2, 2013 Other than the conventional Criminal Justice process there is a new way to handle crime; it is called the Restorative Justice program. This program is used only in certain cities throughout the United States. The Restorative Justice program is intended to reduce crime. This program has several steps and during the course of the process it is intended to set things right between the criminal offender and the people affected by the crime that occurred. A crime committed does harm to many others not just the immediate victim. The Restorative Justice Program process starts with victim support: which supports the victim immediately following the crime with things such as crime scene cleanup and repairs. Volunteers aid the victim throughout the whole process to give support to them the whole time. Restorative Justice Program conferences are usually facilitated by two members and attended by the offenders that committed the crime, all the people that were harmed by the crime committed and the individual support groups of both the offender and the victim. The offender has to except responsibility for his or her action and involvement in the offense. The facilitator keeps the victim informed with what is happening with the investigation. If the offender takes reasonability...
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...Does imprisonment alone deter crime or does restorative justice prevail? In this essay, I will delve into the world of justice. I will examine both retributive justice which aims to search for fault and reprimand the guilty, in contrast to that I will look at restorative justice which concentrates on both the needs of the offenders and victims, in addition to the general public (Dorpat 2007). I plan to scrutinise the best route of justice to prevent future reoffending through the evidence I gather. I will investigate the Irish Prison Service and observe the route of justice they use on offenders, and the effectiveness of it. I will further look at how the nature/ nurture debate affects criminal behaviour and if so should it be taken consideration...
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...Jennifer Adisa CJ3100 A System of Juvenile Justice Steve Hundersmarck Ph.D. Module 2 Project August 8, 2011 The Paintball Case Study : Restorative Justice In reading the paintball case history through the court proceedings, the juvenile took a plea agreement with a maximum sentence of two years probation and 45 days of jail time. The alternative had he been tried as an adult was incarceration in prison for a term of two to eight years. I honestly believe that the outcome of a case like this in my community would rely heavily on a lot of outside social factors including race and social status of the individuals involved. If the juvenile was already on probation for something such as theft as did the defendant in the case study, I believe that would weigh very heavily on his chances of a lenient sentence as well. In fact I’m almost certain more jail time would be imposed. While socioeconomic status would play a role in my community in regards to the case outcome, I think if the juvenile showed remorse as did Justin in this case, that would be a major contributing factor to determining proper consequences. The media is always looking for remorse in criminals and openly expresses disgust for the lack there of in my town. I’d foresee a public outcry if a harsh punishment was imposed on someone who was genuinely sorry for their actions, especially a minor. The core values of restorative justice according to the text are (1) promote public safety and protection of the community...
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