...“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...
Words: 5573 - Pages: 23
...Restorative Justice XXXXXXXXX American Military University Professor Michael Beshears CMRJ316 Correction and Incarceration January 20, 2011 Abstract The general disillusion with the present punishment-based and rehabilitative approaches to crime control has created a political climate ripe for reform. A new move based on the premise of accountability and remedial has great appeal. While restorative justice seems to guarantee a distinct third alternative, the imprecise use of the emerging "vocabulary of restoration" has created as much confusion as clarity about the fundamental concepts of the new paradigm. Restorative justice has come to mean all things to all people. I agree with Walgrave and Bazemore: “A coherent definition and vision should serve as a unifying focus for reflection and experimentation among practitioners and scientists, and should inform policy makers and the public about what restorative justice is and is not” (Bazemore and Walgrave, 1999a, p. 46). Restorative justice, as a practice, has a history older than state justice does, yet the example of restorative justice has only recently begun to be expressed. Since Howard Zehr's book Changing Lenses (1990) first sketched the outlines of the restorative justice example, little agreement principles have evolved (McCold, 1998c). Recently, two competing definitions of restorative justice have been brought...
Words: 1743 - Pages: 7
...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...
Words: 1457 - Pages: 6
...Restorative Justice Empowerment* Charles Barton** *Acknowledgements Versions of this paper have previously appeared in print as detailed below. The author acknowledges and thanks the relevant Editors for their permission to re-produce the article on the VOMA Web-Page: 1. The Australian Journal of Professional and Applied Ethics, vol. 2, no. 2, 2000. 2. Just Peace?: Peace Making and Peace Building for the New Millennium. (Proceedings of a Conference held 24 – 28 April 2000, at Massey University, Albany, Aotearoa/New Zealand) Edited by Warwick Tie. Massey University Centre for Justice and Peace Development. (pp. 50 – 62). **Biographical Note Charles Barton is a professional philosopher and conflict resolution specialist who lectures and trains in Law and Morality, Professional and Applied Ethics, and Restorative Justice. He is a Lecturer in the School of Policing Studies, and a Research Fellow in the ARC Special Research Centre for Applied Philosophy and Public Ethics, at Charles Sturt University, Australia. He is also a former Research Fellow of Massey University (NZ), and a current Visiting Fellow in the Key Centre in Ethics, Law, Justice and Governance at Griffith University, Queensland, Australia, and a Visiting Professor at the University of Colorado at Boulder, USA. Charles Barton is the developer and author of the Empowerment Model of Restorative Justice, which is based on a unified and comprehensive philosophy and theory of conflict resolution that makes Empowerment...
Words: 7571 - Pages: 31
...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...
Words: 1680 - Pages: 7
...Running Head: Hate Crime Analysis – Homosexuality Hate crime Analysis – Homosexuality CJA540 Nicole Paddock Eric Drennan October 18, 2010 Abstract Hate crimes are crimes that are motivated by prejudices. Hate crimes can be against people because of their race, religion, gender, or sexual orientation. Incidents of hate crime can be physical assault, property damage, bullying, harassment, verbal abuse, graffiti, and/or hate mail. This paper will discuss hate crime has it pertains to sexual orientation focusing on homosexual men. It will provide a brief description of why homosexuals are victimized and discuss two cases of hate crime. The paper will then talk about the restorative justice models that could be used to help and the best instrument to measure the victimization of homosexual men. The paper will conclude with discussing the criminological theory that best describes why there is victimization with homosexual men. Homosexuality and victimization have become two things that unfortunately go hand in hand. Homosexual men are the prime targets for those who commit hate crimes. “Past studies show that gay men are more likely to be the victim of violent crime than lesbians. Gay men are often targeted out in public such as attending gay bars and nightclubs and in neighborhoods that are predominately occupied by gay men” (Waldern-Haugrud & Berg, p. 4 2004). One of the reasons homosexual men are targeted is because homosexual men tend to be more...
Words: 1331 - Pages: 6
...RESTORATIVE JUSTICE’ Click Link Below To Buy: http://hwaid.com/shop/restorative-justice/ For your Portfolio project, you will research and evaluate an existing community justice program, as well as assess the potential future paths for this program and community justice in the area it represents. Chose a specific area in which community justice may be applied: neighborhood, school, university, law enforcement agency, court system, community corrections, or other naturally defined community. Locate a program that operates in the area you’ve chosen, using either an actual program you have access to or a program that is well identified with detailed information on the Web. If your research will be Web-based, try to identify a contact person with the program you are interested in. A good place to start is Restorative Justice Online (http://www.restorativejustice.org/). Make sure the program you choose fits the parameters of a community justice program and that enough information exists to allow a good study. The Portfolio elements below make up a kind of case study. Please refer to the following guidelines as you construct your Portfolio: http://writing.colostate.edu/guides/research/casestudy/ Your Portfolio should include the following elements: Describe your chosen program and your reasons for choosing that particular one Interview or obtain Internet information regarding the program, and write up a description, including as much of the following information as possible: ...
Words: 406 - Pages: 2
...Mother Blaming: How Welfare Systems Reinforce Institutionalized Oppression Critical Response Paper Mother Blaming: How Welfare Systems Reinforce Institutionalized Oppression Introduction States have established several entities to ensure the safety and well being of their citizens; of particular importance is protecting the welfare of vulnerable populations, such as the disabled, minor children, and the elderly. Social welfare policies and programs also serve to afford equal and/or equitable opportunities for vulnerable populations, to level the playing field and minimize the effects that years of oppression tends to have on members of the non-dominant culture. Although welfare systems aim to improve the lives of our nation’s vulnerable populations, institutional oppression has also permeated this system, influencing the research, practices, and policies of professionals in their respective fields. Consequently, a system that was established to protect and assure the well being of vulnerable populations has also served to re/victimize and reinforces the oppression of the lives of those involved with these systems. The manifestation of gender bias and institutional oppression in the welfare systems are social justice issues with vast implications for vulnerable populations; according to the NASW Code of Ethics, as professional social workers, we have an ethical responsibility to challenge social injustice and pursue social change, particularly on behalf of vulnerable...
Words: 1520 - Pages: 7
...Alternatives to Incarceration Abstract Our country continues to search alternatives to the overcrowded prisons bulging at the seams. Citizens are crying for a relief on taxation in funding these prisons. The criminal justice system has searched for years for ideas to limit incarceration. Some alternative programs have withstood the test of time, some continue to build a name for themselves, and others have just come onto the scene. This paper will focus on three alternative programs to placing adults in prisons. These programs include military services, intensive supervision programs (ISP’s), and Restorative Justice programs. Each provides some type of benefit to criminals, corrections department, and society. Alternatives to Incarceration Our country seems to have gone in various directions trying to find a successful justice system to work in punishing crimes. We went from a rehabilitation system, to no tolerance policies in the 1980’s. Overcrowded prisons forced officials to let prisoners out early in the 90’s. Taxpayers wanted something done with crime in their communities, but didn’t know which way to turn. A faulty criminal justice system has been blamed in such that it had, “Inadequate or ineffective rehabilitation programs, lack of drug treatment, insufficient funding for resettlement after prison, and other . . . policies. . . .”, (Sherman & Strang, 2007, p. 12). Crimes continue to be a major concern within American society, yet our only response...
Words: 1413 - Pages: 6
...Restorative Justice and Juvenile Courts Denise Gladden CRJS-450-1402A-01: Advanced Topics in Corrections April 12, 2014 Abstract This paper provides a brief overview of two different juvenile programs, aftercare and institutions. It provides contrasting differences between the treatment received by juveniles in housed institutions and community aftercare programs, and there effects on recidivism. The effectiveness or ineffectiveness of both programs, in treating and rehabilitating juvenile delinquents is also discussed. Restorative Justice and Juvenile Courts Restorative justice refers to repairing the harm caused or revealed by criminal behavior. This is best accomplished through a cooperative process which includes all stakeholders (Restorative Justice, n.d.). The Intensive Aftercare Program is an intensive community-based research, and seeks to reduce recidivism among high-risk parolees by better preparing them for release back into the community. This program model is data driven research that show that a highly structured and enhanced transition from incarceration to the community can be beneficial to the parolees in areas of family and peer relations, education, jobs, substance abuse, mental health and recidivism without having a negative impact on the community. A valuable component of the Colorado’s Intensive Aftercare Program is the requirement that both surveillance and treatment services be provided. It has been determined to be relevant to success...
Words: 1382 - Pages: 6
...Journal Vol 45 No 2. May 2006 ISSN 0265-5527, pp. 129–140 Restorative Final Warnings: Policy and Practice DARRELL FOX, MANDEEP K. DHAMI and GREG MANTLE Darrell Fox is Consultant Social Worker, Havering Youth Offending Service, London Borough of Havering; Mandeep K. Dhami is Lecturer in Criminology, Institute of Criminology, University of Cambridge; Greg Mantle is Reader in Social Work, Institute of Health and Social Care, Anglia Ruskin University Abstract: This article explores the diversionary measure of restorative final warnings within the context of the youth justice system. We examine the philosophy and rationale of the new era in cautioning and discuss the potential practice implications since its implementation in 2000, under the statutory legislation within the Crime and Disorder Act 1998. To date there has been very little research or academic debate on the new system of police cautioning of youth. Additionally, as final warnings develop a greater association with restorative justice practices, we explore how this ‘pre court’ intervention has the potential to broaden oppressive and discriminatory practices within the youth justice system in relation to particular societal groups. We will begin by explaining how police cautioning of youth has changed with the implementation of the Crime and Disorder Act 1998 and then explore contemporary police practices and outcomes regarding youth and the restorative final warning scheme. We will highlight the conflicting nature...
Words: 5918 - Pages: 24
...A Retreat in the CJS 1 A Retreat in the Criminal Justice System Stephanie Karam ENG1100BB Karenza Sutton-Bennett November 25, 2014 A Retreat in the CJS 2 Abstract In contemporary culture, an emphasis on a “tough on crime” criminal justice system has been a topic of debate amongst all citizens. In this paper, a comparison of statistical evidence and treatment rates will be discussed. The purpose is to stipulate evidence of declining crime rates, and alternative sanctions to the crime bill c-10. In addition, a consultation of rehabilitation methods and apprehension of why there is a disproportionality of Aboriginal people in the Criminal Justice System will be explored. The data discovered suggests that the legislation was enacted for political reasoning, without the consideration of underlying causes of criminal activity. Furthermore, rehabilitation treatments have shown to lower recidivism, and are used to stress the importance on investigating the root cause of criminal behaviour. Finally, the restorative justice model is adopted to promote the sense of moral wrong in the individual’s crime. A Retreat in the CJS 3 In recent years, the Canadian government has been working on implementing a stricter justice system. The omnibus crime bill C-10, was enacted in order to achieve this measure. The act consists of a concept in which includes harsher sentencing, mandatory minimums and a zero tolerance policy. This legislation attempts to put victims first, instead of defending the...
Words: 2549 - Pages: 11
...Review Introduction The NSW Government greets the Noetic Group’s tactical appraisal of the New South Wales Juvenile Justice organization. The Government admits the Report’s judgment that the figure of young citizens in protection is increasing, it is essential for the demonstration of Aboriginal young community in safe keeping and those additional successful choices might be accessible to decrease recidivism surrounded by immature people. As the account notes, efficiently dropping juvenile offense is a multifaceted responsibility want a strategic move toward and synchronized action across government organizations, non-government organizations, and the society. Recommendations Reply to Report Recommendations proof- based advanced Efforts to decrease juvenile wrong should have their foundation on the obtainable embodiment. The Government powerfully sustains this approach. The Report submits to a broad variety of national as well as worldwide research on policies to decrease juvenile offending behavior and plans to sketch together the available body of confirmation on answers to the minor offense. The Government looks for out evidence on active young fairness practice from many sources counting interior research as well as reviews, other jurisdictions – national and international, academic, non-government associations and the Bureau of Crime Statistics and Research (BOCSAR). The confirmation base for all new legislation, policy and agenda is focus on rigorous assessment within Government...
Words: 1417 - Pages: 6
...Define and discuss the classical school of criminology? In particular, address the contributions of Beccaria and Bentham to the debate about punishment and the impact of these contributions in modern corrections? Jennifer Summers Student Number: s2888608 Course: 2007CCJ Course Convenor: Dr John Rynne Course Tutor: Lisa Thomsen Due Date: 4th April 2014 Date Submitted: 4th April 2014 Criminological theories research and investigate a number of social and individual issues pertaining to the causes of crime, law and punishment. Classical criminology refers to a period of time known as the Enlightenment during the 18th century. The classical school was body of ideas with regards to the restructure and reform of punishment in the 18th century (Hyland, Gomez & Greensides, 2003) by a group of European philosophers and scholars, including Cesare Beccaria and Jeremy Bentham. These two classical thinkers were at the forefront of criminal law and penal reform. This essay seeks to explore the role that Beccaria and Bentham had in the debate about punishment in their time and how their contributions have impacted modern corrections. To understand the contributions that Beccaria and Bentham made to classical criminology, it is fundamental to understand about the social conditions that existed when they were writing. The classical thinkers were rebelling against an arbitrary and corrupt system of law, in which the judges held and absolute and tyrannical power over those...
Words: 1436 - Pages: 6
...Hate Crime Analysis Bonule Johnson AJS/514 Professor: Reyes 7/25/16 For this hate crime analysis paper I choose the group of African Americans because of the fact that they are being targeted in social media for police brutality crimes. Hate Crimes resemble messages to individuals from a specific gathering that they are unwelcome in a specific neighborhood, group, school, or work environment. Detest hate crimes are criminal offenses, normally including viciousness, terrorizing or vandalism, in which the casualty is focused on account of race, sexual introduction, religion, ethnicity, sex or political alliance. Detest wrongdoings can happen at home, at school, at spots of love, at work, in the city - for all intents and purposes anyplace. There have been some cases that have been committed during the time that our president Barack Obama won his presidency. “On Election Night 2008, Ralph Nicoletti and Michael Contreras, both 18, and Brian Carranza, 21, of Staten Island, New York decided shortly after learning of Barack Obama's election victory "to find African Americans to assault," according to a federal indictment and other court filings. The men then drove to a predominantly African-American neighborhood in Staten Island, where they came upon a 17 year-old African American who was walking home after watching the election at a friend's house. One of the defendants yelled "Obama!" Then, the men got out of the car and beat the youth with a metal pipe and a collapsible police...
Words: 1178 - Pages: 5
