...“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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...VICTIM RIGHTS ARE ALSO HUMAN RIGHTS ------------------------------------------------- Dr. Beulah Shekhar, Faculty, Department of Criminology & Criminal Justice, Manonmaniam Sundaranar University, Tirunelveli, The present system does not adequately focus on justice to the victims. The formal criminal justice system directs its attention primarily toward the offender, first with regard to guilt or innocence and second with regard to appropriate punishment, treatment, or monitoring. The informal justice system is often an abstract and distant concern. So, the victims have been repeatedly neglected as stakeholders in both formal and informal justice approaches, it is important to give special attention to their role in the criminal justice system. Presenting the report to Deputy Prime Minister L.K.Advani, who held the home portfolio. Malimath said the changes were proposed for the first time in 150 years. He also recommended that from now on, criminal laws be reviewed every 15 years so that they are in tune with the “changing times”. The “Criminal justice system is virtually collapsing under its own weight as it is slow, inefficient and ineffective” due to which “people are losing confidence in the system”, the report said. The present system of the prosecution have to prove the guilt of an accused “places a very unreasonable burden on the prosecution”, the committee said in its report and recommended that in India, like in the continental countries...
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...According to the article I read, restorative thinking applies to those who caused or brought about harm and the victims of that unpleasant experience so that they may meet up and have an actual or real talk about the issues at hand which affected them. The restorative practices do include the standards or practices that involve methods which would help prevent wrongdoing as well as build a sense of community and friendship. Restorative practices can be found in many different sectors of society from family planning to criminal justice and even social work. They may be formal or informal in nature and also help foster community development and conflict management. It pushes the onus from the traditional concept of discipline and punishment onto the concept of reconciliation, dialogue and reparation. It challenges the way society reacts to a problem and also promotes the prevention of these problems in general. It also empowers society to become more sensitive and responsible where victims and offenders are supported by others in the community....
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...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: ...
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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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...Restorative Justice as a Concept Restorative justice (RJ) attempts to bring together and bridge the gaps between the victim, the offender, and an outside representative to discuss the harm of the crime to all levels of the community. The implied goal of the practice is to reach an equitable victim and community centered agreement through deep listening and understanding. Restorative justice in practice manifests as victim-offender mediation, dispute resolution mediation, community panels, restitution, and more. Critics say that while restorative justice does not work through formal, external force it works through careful, persistent encouragement of the instalment of an inner conscience which bids the individual act in accordance with the...
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...Restorative Essay Jess Gjerkes Restorative and diversion programs have been used in Australia since the late 19th century around the same time that the children's court was first established. These programs are designed and put in place to help heal, give closure and guide a young person back onto the right track. Diversion and restorative programs work in parallel with youth work, which will be discussed within this essay through looking at what restorative justice and restorative programs entail, diversion programs, the strengths of diversion and restorative programs, and the links between diversion, restorative justice and youth work. (Ted Watchel 2012) Restorative justice itself is a social science and primarily focuses on reducing crime, improving human behaviours, restoring relationships and repairing harm, restorative justice looks at how crime doesn't only affect the victim but the offender and the community as well, restorative justice focuses on the offender taking responsibility for their actions and wrongdoings and trying to make amends with the victim and their community. This is done through restorative and diversion programs which focus on and are used for conflict resolution between all parties and to try to repair the harm that has been caused. (Lecture slides week two, 2015) An example of restorative justice would be if...
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...I do believe that restorative justice techniques are practical due to the fact that everyone deserves a second chance being able to rejoin society as a rehabilitated person is what everyone wants now some of the process I do not believe work properly. For instance punishing someone for their wrong doings does not always show an effect as it does on others, but it only allows them to learn how to better themselves on how to improve on what they were convicted on and when they are locked up they hear stories of what others were locked up for and want to try to see if they can do it better. Now not in every case is this true but it is proven that 72% of offenders are willing to repeat their mistakes and 36% of that group do it before the first week they are released. Now not putting down the restorative system but I do believe it needs improvement but has a lot of potential and seems to be doing somewhat of a decent job for some people, but a person needs to want the help for rehabilitation before they go through the process. And once they accept that they want to be rehabilitated they then move on threw the 10 steps of restorative justice. For instance they actually have programs like the ARJ (Abbotsford Restorative Justice) who steps go like this: Step One After discussing the incident with both the victim and the one accused of the crime, the police officer refers the case (if appropriate) to Restorative Justice. In the case of a minor, this will also be discussed with the youth...
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...The need for Veterans Specialty Courts Natasha N. LaFon Columbia Southern University The need for Veterans Specialty Courts When an individual returns home from a war zone, there are many things that can happen, they can deal and seek help with the things they have been through or they can bottle it up and refuse to look “weak”. Either way, things will never be the same as when they left and that reason alone can change their lives. Significance of Veterans Courts The need for a specialty court in support of our Veterans is not just something that would be nice; it is something that would be unconstitutional if denied. This year, 2013 marks 12 straight years of sustained combat operations for the United States. I have personally been sent into combat operations five times in the last 12 years and have seen first hand how easy it is for someone to spiral out of control and lose everything. With that being said, I would like to discuss the significance that a specialty court in support of our veterans would have not only on the veterans life, but on society as well. 1.64 million soldiers have served in Operation Enduring Freedom and Operation Iraqi Freedom since 2001, some have come home and some have not. Of those 1.64 million soldiers, nearly half have come home to nothing, their significant other left them while they were gone, so not only does the psychological wounds inflicted on them by the trauma of war, but couple that with being alone and...
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...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...
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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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...Restorative Justice vs. Retributive Justice Can restorative justice be utilized more often than retributive justice? Restorative justice is a concept that is not fully accepted in the field of criminology. The theory presents an alternative way of reviewing criminal justice procedures. The main issues are repairing the harm done, and building relationships between the victim and offenders, rather than strict punishment of the offender. Restorative justice is an excellent concept. However, it is an substitute process which the criminal justice has at its disposal. The premise for retributive justice is the punishment of the offender, resultig in jail and/or imprisonment. There is no consideration given to repairing the harm caused by offender...
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...RJ City and Restorative Justice This is the story of two men who burglarized a house. This story is fictional and the sole purpose is to provide insight into restorative justice. This piece will illustrate the restorative justice process with how, it works and how this process differs from contemporary criminal justice. Housebreaking Activities On one seemingly normal afternoon two men decided to break into a house, and to establish whether or not the residents were present they knocked on doors. They knocked on one door, and as expected there was no answer resulting in the young men choosing this house to burglarize. Upon entry the two quickly searched the house for items, which are easy to carry and sell. Upon their exit they left with the loot without regard for the residents or how they felt once they returned to discover they were burglarized (Van Ness, 2009). The Resident Returns The resident, Mildred, an elderly woman was out visiting her daughter, Betty, and upon her return discovered she was a victim of housebreaking. She knew she was burglarized because she resided alone as a widow for the previous two years, and she immediately contacted the police via 911 (Van Ness, 2009). Upon arrival the investigator, Officer Randy, immediately clears the house to ensure the perpetrators were not still in the residence. John, the neighborhood victim support coordinator arrived, and provided Mildred with information on Rj City and how these crimes are handled. The information...
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...children and young people no longer apply. Any criminal offense will be dealt by the court. How old you are when the crime is committed, not how old you are when you're charge or first come to court. Q1:2 The purpose of the separate judicial system for young people is to keep them out of the court and instead to offer them other ways to dealt with the offense. Q1:3 the police can give: A warning, Formal police caution, youth aid, reparation to victim and/or other type of punishments. Q2:1 The process of restorative justice necessitates a shift in responsibility for addressing crime. In a restorative justice process, the citizens who have been affected by a crime must take an active role in addressing that crime. Although law professionals may have secondary roles in facilitating the restorative justice process, it is the citizens who must take up the majority of the responsibility in healing the pains caused by crime. Q2:2 The restorative justice is based on the theory of justice. Q2:3 The main goal of a conference is to formulate a plan about how best to deal with the offending. There are three principal components to this process: * ascertaining whether or not the young person admits the offense - conferences only proceed if the young person does so or if the offense has been proved in the Youth Court; * sharing information among all the parties at the conference about the nature of the offense, the effects of the offense on the victims, the reasons for the offending...
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...Evans, C. R., Smokowski, P. R., Barbee, J., Bower, M., & Barefoot, S. (2016). Restorative justice programming in teen court: A path to improved interpersonal relationships and psychological functioning for high-risk rural youth. Journal Of Rural Mental Health, 40(1), 15-30. doi:10.1037/rmh0000042 In this artcle ( Evans et al, 2016) , diccussed the role of Restorative justice programs, such as Teen Court effect juveniles. In the Teen Court program juveniles offenders are encourage to understand the harm they’ve caused to the victim and their communities. Moreover, the opportunities that are given to offenders not only to give back to the communities but to also restore their relationships. The authors went on to example the different types of restorative justice programs offer to juveniles in the Teen Court. The examples of restorative justice programs include; peacemaking circles, community/ and family group conferencing and victim/offender mediation. The specific goals of the Teen Court restorative justice programs include changing problematic behavior through positive peer pressure exerted by a peer jury, decreasing the juvenile court’s workload, decreasing the negative effects of labeling juveniles as delinquents, increasing offender community involvement through community service, obtaining closure for victims, and reducing rates of crime and recidivism...
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