what is the difference between restorative justice and traditional justice

It is different from the legal system’s traditional justice in so far as traditional criminal justice conceives of crime primarily as a violation of a criminal statute, a trespass against the State. Restorative Justice focuses on the harm caused by crime and on repairing the harm done to victims and communities.

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What are the disadvantages of restorative justice?

The disadvantages of restorative justice include possible breaches of confidentiality, the inability to prevent recidivism and the potential for uneven or discriminating outcomes for sentencing and restitution. Restorative justice encourages perpetrators of crimes to repair or restore the harm they created, thereby making their victims “whole

What are some challenges facing the criminal justice system?

The Issues and Facts

• Crime. Despite recent speculation about a nationwide crime surge, crime rates are near the lowest levels seen in decades.
• Prison Buildup. ...
• Prison Composition. ...
• Characteristics of the Prison Population. ...
• Cost of Incarceration
• Individuals Killed by Police. ...

What are the issues in criminal justice?

• Screening for mental illness upon entry to prison or jail.
• Screening for prior benefits upon entry to prison or jail.
• Suspending rather than terminating Medicaid benefits for inmates.
• Establishing transition teams and community collaborations for re-entry.
• Helping prisoners complete applications.

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What are restorative justice programs?

Some types of Restorative Justice Programmes are:

• Peace circles
• Victim/offender mediation or dialogue
• Victim assistance and involvement
• Conferencing
• Former prisoner assistance and involvement
• Real restitution
• Reduction of DMI (Disparate Minority Incarceration)
• Community service.

What is the difference between restorative justice from traditional criminal justice?

The major difference is that TCJ is primarily concerned with retribution against the offender, whereas RJ focuses on the needs of the victim, offender and the community and their interrelationships; the obligations of the offender and the community vis a vis the victim; and on engaging all of the parties involved.

What are the differences between the restorative community justice model and the traditional justice model?

Reconciling the needs of victims and offenders with the needs of the community is the underlying goal of restorative justice. Unlike retributive justice, which is primarily concerned with punishing crime, restorative justice focuses on repairing the injury that crime inflicts.

How are restorative practices different than traditional approaches?

Instead of employing detention, suspension, or expulsion when students commit infractions, restorative justice uses mediation between the offender(s) and the victim(s) involved in an incident.

What is restorative justice How is it different from traditional methods of criminal case processing?

Rather than a process focused on the offender, restorative justice focuses on those who have been harmed and the harms they have experienced. In the restorative justice process, victims are empowered to participate more fully than in the traditional system.

What is the advantage of traditional justice system?

Benefits of a restorative justice approachRestorative JusticeTraditional Criminal Justice SystemTo achieve community safety it is more important to build community peace than to increase order or punishmentTo achieve public safety it is most important to increase order3 more rows

What is the main purpose of restorative justice?

Restoration -- repairing the harm and rebuilding relationships in the community -- is the primary goal of restorative juvenile justice. Results are measured by how much repair was done rather than by how much punishment was inflicted.

What is the traditional criminal justice approach?

Conventional justice responses to crime tend to focus on punishment, deterrence, denunciation, retribution, and community safety for breaches of the law, considerations which have to be balanced by the court in the process of sentencing.

What are the 5 R's of restorative justice?

A great way to understand the Restorative Justice Community Group Conference process is to look at it through the lens of the 5 R's: Relationship, Respect, Responsibility, Repair, and Reintegration (credited to Beverly Title, founder of Resolutionaries).

What is the traditional criminal justice system?

Justice is the very essence of the traditional criminal justice system. This formal system involves the intervention of the state in remedying socially disapproved behaviors by particular individuals in the society.

What is restorative justice in simple words?

Restorative Justice is a process through which remorseful offenders accept responsibility for their misconduct, particularly to their victims and to the community.

What are examples of restorative justice?

Some of the most common programs typically associated with restorative justice are mediation and conflict-resolution programs, family group conferences, victim-impact panels, victim–offender mediation, circle sentencing, and community reparative boards.

What are the three main principles of restorative justice?

The three core elements of restorative justice are the interconnected concepts of Encounter, Repair, and Transform. Each element is discrete and essential. Together they represent a journey toward wellbeing and wholeness that victims, offenders, and community members can experience.

What is the traditional criminal justice approach?

Conventional justice responses to crime tend to focus on punishment, deterrence, denunciation, retribution, and community safety for breaches of the law, considerations which have to be balanced by the court in the process of sentencing.

What is the traditional criminal justice system?

Justice is the very essence of the traditional criminal justice system. This formal system involves the intervention of the state in remedying socially disapproved behaviors by particular individuals in the society.

What is the difference between commutative and distributive justice?

61,1: St. Thomas divides justice into commutative justice, which deals with the relations between individuals within a given community, and distributive justice, which deals with the relation of the community as a whole to individuals.

What are the differences between retributive restorative and distributive justice?

This article points out that there are four different types of justice: distributive (determining who gets what), procedural (determining how fairly people are treated), retributive (based on punishment for wrong-doing) and restorative (which tries to restore relationships to "rightness.") All four of these are ...

What is the difference between transformative justice and restorative justice?

Adrienne Maree Brown describes the difference between restorative justice and transformative justice as a spectrum: restorative justice is one way of trying to achieve justice within our communities, but transformative justice takes that approach one step further. She explains that restorative justice attempts to restore to the condition before the harm took place. However, usually, that original condition is itself one that has a number of injustices built into it. Transformative justice aims to dig deeper: how can we also address the root causes of injustice and move toward an even stronger community?

Where does restorative justice come from?

Restorative justice has roots in aboriginal and Native American practices in North America and New Zealand. It is built on a system of bringing victims and perpetrators of harm together to take accountability, forgive, and heal. It’s a collaborative and cooperative process that involves goal setting and taking action to repair the harm ...

What are some examples of restorative justice?

A helpful example of restorative justice practices can be found in the work of Danielle Sered and her organization Common Justice. Common Justice uses a restorative justice program with a focus on violent felonies in adult court. In her book, Until We Reckon: Violence, Mass Incarceration, and a Road to Repair, Sered describes the process in 5 elements:

What is transformative justice?

Transformative justice utilizes some of the same accountability techniques within interpersonal healing. However, it also encapsulates a much broader approach and way of looking at systemic harm and thus is broader in its reach and application.

Can transformative justice happen outside the state?

The practitioners in Building Accountable Communities’ video series also point out that transformative justice cannot occur within the system and must happen outside the state. This can differ from restorative justice practices which at times become institutionalized, such as using restorative justice circles within schools or in situations where courts allow for individuals to participate in these programs (such as Sered’s Common Justice as an alternative to traditional criminal punishment). This is not to say that restorative justice practices are bad or a step in the wrong direction. However, in line with the prison abolition movement, transformative justice theory holds that these systems are so flawed that true transformation can only occur directly within communities themselves.

What is Restorative Justice?

Legally, the term Restorative Justice is defined as a participatory process wherein all people affected by a particular offence, such as the victims, offenders, and the community come together to collectively resolve the situation that follows the aftermath of a crime. The emphasis of such a process is on the restoration of the parties affected by a crime. Generally, a crime or offence affects three parties, namely, the victim, offender and the community as a whole. The ultimate objectives of Restorative Justice include victim healing, offender rehabilitation and accountability, victim empowerment, reconciliation, reparation of the harm caused, community involvement, and resolution of the conflict between all parties concerned. Thus, active participation by all parties is imperative.

What is the difference between restorative and retributive justice?

In contrast, Retributive Justice considers crime an act against the state and a violation of the state’s law and moral code. • Restorative Justice focuses on the rehabilitation of the offender, victim healing, and reparation of the harm caused. Retributive Justice, on the other hand, focuses on punishment, one that is suitable ...

What is the ultimate goal of retributive justice?

The ultimate goal of the theory of Retributive Justice is not rehabilitation, reparation, restoration, or the prevention of future offences. It is, instead, punishment, and returning to the offender a proportionate and suitable punishment in line with the crime and its gravity.

What is the morality of retributive justice?

Retributive Justice has a more moral characteristic in that it seeks to provide mental and/or psychological satisfaction and benefits to the victim and the community. Further, the Retributive Justice theory ensures that such punishment is applied equally to everyone depending on the gravity and nature of the crime.

What is the theory of justice that focuses on the punishment of the offender as opposed to his/her rehabilitation?

Traditionally, it is defined as a theory of justice that views punishment as the best response to crime or the morally acceptable response to crime.

What is restorative justice?

The conceptual overlap between restorative justice and transitional justice has been widely observed. Both discourses espouse similar values such as truth, accountability, reparation, reconciliation, conflict resolution and democratic participation. Both also offer a critique of overly retributive and adversarial justice structures, which have failed to involve communities, victims, and indeed perpetrators themselves, in orthodox processes. It has also been suggested that restorative justice can act as a catalyst for transitional justice through the creation of new community bonds and strengthening existing ones. It may also be used to reinforce the participatory potential of transitional justice mechanisms by including actors who have traditionally felt alienated from established legal processes and institutions. Indeed, Cordella has argued that a communicative conception of law ‘is a dyadic process that facilitates dialogue between community and transgressor’, which should allow communities to acknowledge their differences and identify transgressions as disputes among members. While restorative mechanisms are not the only means of facilitating such communication, it is undoubtedly the case that, in sharp contrast to conventional criminal justice processes, they maximise the potential for meaningful dialogue between victims, off enders and the community. Moreover, through opening this new space for communication, it is conceivable that restorative justice models may act as a social catalyst for broader inter-communal reconciliation.

What are the three interrelated sites of contestation between and among feminist and anti-racist groups?

After setting the political and personal contexts, defining key terms, and comparing Indigenous and restorative justice, I clarify three interrelated sites of contestation between and among feminist and anti-racist groups as these relate to alternative justice practices . They are the inequality caused by crime (victims and offenders), social divisions (race and gender politics), and individuals and collectivities (rights of offenders and victims). I outline an intersectional politics of justice, which seeks to address the conflicts at each site. My intersectional framework attempts to align victims' and offenders' interests in ways that are not a zero sum game, and to find common ground between feminist and anti-racist justice claims by identifying the negotiating moves each must make. It proposes that victims and offenders have positive rights that are not compromised by collectivities. Yes Yes

What is restorative justice?

For instance, the restorative justice perspective focuses on repairing both the personal and social damage he or she may have caused to an individual or a community. Restorative justice aims to receive some sort of victim retribution from the offender. Also, there is conflict resolution involved, which is where mediation occurs to have understandings of the repercussions a crime has caused to both parties. Also, this could include restoration of the community which helps the community heal the bonds a crime has broken (Hirsch, 1999 p. 14-16).This is a major difference from both the retributive and utilitarian perspectives due to the incorporation of the victims as well as repairing a community. These two perspectives are focused on severity, proportionality and vengeance, and on the other hand focused of incapacitation of dangerous offenders and the happiness standard (Greenwalt,…

Why is restorative justice important?

It is because, according to the theory of morality and normative theory any reform movement emphasizing the need of dialogue, as well as, reconciliation between the offender, victims and community. The restorative justice would draw connections between the murderer, his family and the family of the victim’s family. Meeting the convicted murderer would have an important role of lay participation in achieving peace and social change. It would help analyze the impact of murderer’s action attitudes towards crime and help in crime control in the…

What is the difference between restorative and rehabilitation?

Both approaches include for a break in the cycle of crime, therapeutic processes and healing for everyone in the situation. Rehabilitation is often the term used in restorative justice for helping offenders out of their cycle of behaviour and into new roles in the community. (Brunk, p.51) The most evident difference between the two is that restorative justice requires the offender to carry responsibility for their crime while rehabilitation puts the responsibility on the behaviour, and argues the behaviour is a result of different reasons; environmental, illness, social or family related.…

When was restorative justice first used in Canada?

The first recognized case of restorative justice in Canada was in 1974. After two young offenders vandalized 22 properties in a small Ontario town, the assigned probation officer and a Mennonite prison support worker asked the judge for permission to arrange for the two offenders to meet with the victims of the vandalism in order to see if reparations could be made. This new approach was a success. Since that time, a number of similar programs have been developed throughout Canada and internationally.#N#What is restorative justice? There are few definitions by the field expertise to be referred to. According to John Braithwaite (2004) who is a distinguished professor and criminologist at the Australian National University (ANU)., restorative

Why is a criminal justice system necessary?

I do believe a criminal justice system in a racially just society would still be a necessity because of the need to punish those who have commit violent crimes, provide aid toward the victims or families of the affected, and protect society from violent individuals. However, the criminal justice system will provide rehabilitation services, which will help and protect society from recurring criminal or violent activity. I do believe a supportive structure for prisoner rehabilitation will provide criminals the opportunity to turn away from a cycle of violence. Rather than sentence more individuals to prison with extended sentences, these enforced policies will stress on the need to help prisoners become productive individuals within society. Another practice that would be enforced is to reinforce positive change in behavior and to cease the connotation of violence amongst the prisoners and within the prisons.…

What is the moral argument for punishment?

Deterrence is the Utilitarian approach to punishment and could justify the moral argument for the punishment of offenders. The belief is that there is a certain system that is designed to deter criminal behaviour and that crimes must be dealt with robustly. There are two main types of deterrence , individual and general deterrence. Individual deterrence is concerned with the offender itself in committing criminal acts and the psychological thinking as opposed to general deterrence which is a message aimed at the wider community or public (Scott and Flynn, 2014). Preventing future crimes through punishment was an idea that developed from the respected works of Cesare Beccaria and Jeremy Bentham.…

How are restorative and punitive justice different?

Restorative and punitive justice have similarities in that both justice systems have the same goal (of brining justice) but they also have differences in that they are not administered the same way, and that both would not work in all situations. We find that restorative justice aims at restoring broken relationships and bringing the victim and the perpetrator together, while on the other hand, punitive justice aims at punishing the offender for whatever he/she did. When they are brought together, they might be able to live together like they did before the conflict. But when the perpetrator is punished for example sent to prison, when he comes back, he/she is never really accepted fully in the community and might be views as an outcast. Another disparity is that in restorative justice, both parties actively participate, as they are brought together and talk about what happened. An example is in the Rwandan genocide, where they had the Gacaca courts. The offenders confessed to the victims what they did and the victims expressed themselves on how they were affected; on the other hand, in punitive justice the state represents the community, the two parties never meet (Gunn, 2011). Lastly, restorative justice brings about the sense positive peace in that the root cause of the problem is addressed and there is also truth involved which brings healing whereas retributive justice results to negative peace. An example is the case of the post-election violence, suspects were taken to the ICC, things cooled down but every other time there is election, the temperatures rise again and, in some regions, conflict break out.

What is restorative justice in the Bible?

The bible has a number of narratives of justice, on distributive, restorative and punitive justice. In all this narratives, we find that the ones that used restorative justice end up well, and hence the bible advocates for restorative justice. Incidences of retributive justice used in the bible are Leviticus 24: 17-19 “If anyone takes the life of a human being, he must be put to death. Anyone who takes the life of someone’s animal must make restitution- life for life; fracture for fracture, eye for eye, tooth for tooth. As he has injured the other, so he is to be injured” That was what the Lord said to Moses as instructions to the Israelites. This was basically to warn them against harming their neighbor because whatever they did to them would also be done to them. This can also be used as a measure of punishment, in that one is punished for only that he/she has done and not punished more that the crime he/she has committed. In Deuteronomy 19: 18-20 “The judges must make a thorough investigation, and if the witness proves to be a lair, giving false testimony against his brother, then do to him as he intended to do to his brother You must purge the evil among you. The rest of the people will hear of this and be afraid, and never again will such an evil thing be done among you.” This was more or less of a warning to the Israelites because if they saw or heard what was done to the offenders of the law, they would not dare do the same because they knew they would be punished, and by that, there would be order. Finally, another incidence on retributive justice in the bible is the story of Noah. God told Noah to build an ark because they would be floods which would wash away everything. While he was doing this, he told the people that there would be floods but they did not believe him, rather mocked the old man. God sent floods to wash away everything because of how people had turned against Him and there was sin everywhere. In this narrative, people were punished by God for their wrong doings which was retributive justice.

What is distributive justice?

As with most philosophically driven disciplines, the concept of justice is relative as it differs in every culture. The three theories of justice include distributive justice, punitive justice and restorative justice. Distributive justice is defined as perceived fairness of how rewards and costs are shared by group members (Stevenson, 2014) For example, when workers do the same job, but are paid different salaries, group members may feel that distributive justice has not occurred; as this system of justice is concerned with the nature of a social justice and allocation of goods. A society in which inequalities in outcome do not arise would be considered a society guided by the principles of distributive justice. The concept includes the available quantities of goods, the process by which goods are to be distributed, and the resulting allocation of the goods to the members of the society. To determine whether distributive justice has taken place, individuals often turn to the distributive norms of their group. A norm is the standard of behavior that is required, desired, or designated as normal within a particular group. If rewards and costs are allocated according to the designated distributive norms of the group, distributive justice has occurred.

Is Kenya's justice system restorative?

Another thing to show that Kenya’s justice system is punitive and not restorative is our prisons are not rehabilitation centers, as they do not aim at correcting the convicted person’s behavior, but secluding him from the society. Also, when the convicts finish their sentence in jail, they are not really taken back in the society, as they are seen as outcasts and some cannot even fit in their community and end up relocating. This shows that the main aim is to punish the offender, rather than restoring him back to his people and community. In other incidences, these prisoners prefer staying in jail after serving long sentences because they do not even know the reception they will get when they are re-united with their people.

Is Kenya a restorative justice country?

Kenya’s justice system is more of punitive than restorative justice. This is because on any regular day, for example like when a thief is caught trying to steal, the first thing that crosses the minds of the people that have caught his is mob justice. More often than not, they don’t even think of taking him to the police station. And if things do not go well, the mob would have dealt with the thief even before the police get to the scene. Another incidence is when cases go to court, the offender is found guilty and taken to prison, the community or the victim feel relieved because the perpetrator has been taken away from them. If the perpetrator was a killer, the community will now have some sense of security and can even go back to business as usual. An example is when Matheri, the thief and killer of Gachie, was hunted down and killed by the police, the locals in that area when interviews they said that they were happy he was killed because he had paralyzed a lot of activities in that community like businesses ben opened at night and people moving freely at night because they lived in fear. To them, him being eliminated rather than going through rehabilitation and coming back to the community as a “normal” person was better. This clearly shows that the Kenyan justice system is punitive and not restorative. Also because what the police did was killing him, even after he had surrendered.

Prison Sentencing Trends

I especially agree with this trend, because I think that we should find help for the offenders that have mental illnesses and substance abuse rather just sit them behind bars and punish them. Yes, they need to be punished for the crimes they committed, but they also need to be treated for their illnesses.

Restorative Justice Model

my final argument .Keeping it within the objectives set out in the Youth Criminal Justice Act, I would like to make mention of a Restorative Justice approach when dealing with such youth in violation of administration of justice charges.

Essay On Prison Reentry

The criminal justice system can change the revocation and prison practices to reduce recidivism in prison reentry because the system can use voluntary parole release to integrate parole release guidelines that can be formed mostly on prediction of recidivism.

Criminal Justice System: Chapter Summary And Analysis

I did not realize how much of a problem those individuals have when it comes to the criminal justice system. The information is very important to the criminal justice system.

South Carolina Corrections Case Study

Introduction The topic of this paper is the South Carolina Department of Corrections. This agency was selected due to the authors’ current major of Criminal Justice. While attending classes at Tri-County Technical College I have covered many aspect of the criminal justice system as a whole along with the area of corrections.

Discretionary Model Of Criminal Justice System Essay

The main parts of a criminal justice system can best be described as a discretionary model, because so many steps are taken from the stages of committing a crime to being prosecuted and possibly release from correctional institutions in the future.

Mandatory Minimum Sentencing Essay

The are several types of sentencing that follows what is intended to be an impartial judicial proceeding during which criminal responsibility is ascertaining. Majority of the sentencing decisions are made by judges, although in cases such as death sentence cases, a jury may be involved in a special sentencing of the sentencing process.

Introduction

Restorative Justice: Alternatives

• Some commentators use the phrase restorative justice more generally to cover any intervention which aims to hold offenders to account by providing opportunities to make amends to victims, either directly or indirectly. However, it is questionable to what extent interventions can be regarded as a restorative when, for example, offenders do not know ...

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Examples of The Workings of Restorative Justice

Conclusion

References