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Essay on History of Restorative Justice

Restorative Justice - Background

❶Essay on History of Restorative Justice Restorative Justice - Background Restorative Justice can be described an effective as well as problem-resolving technique involving the community and the party themselves in a robust relationship initiated with the state authorities.

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Essentially, it means not exercising one's right and duty as a citizen to expose the wrong that is done by the government. Of course, it could be argued that it is the duty of citizens to obey laws until those laws are repealed through democratic processes.

This argument does not take into account that juvenile offenders have no voting rights with which to change the laws, and that even if they did, they would not necessarily be in the majority.

Those who stand for freedom are often on the wrong side of the law. A system of restorative justice that pays attention only to what the statutes say victimizes society, rather than to overarching principles of what is truly victimless behavior, would have, in the 19th century, concluded that a person who helped a runaway slave escape should be held accountable to the slaveowner for violating his property rights.

Any objections that the slaveowner brought the loss upon himself by infringing others' rights, or that a person has a right to help slaves escape, would have been dismissed as "victim blaming," "entitlement," "justifying," and so on.

Typically, restorative justice is handled by government agencies or by their contractors. There is no consumer choice; a victim and offender cannot come to a private agreement to dispense with the agency's services altogether and handle their case through a mediation provider of their choice. As a result, competitive pressures for efficiency are absent. This has led to some restorative justice agencies having a slow workflow, since there is no risk of poor service resulting in a bad reputation that would cause the agency to go out of business.

A restorative justice agency can provide rather slow service and still look good compared to the court and probation systems, which often take months to finish processing an offender. A slow response tends to diminish the effectiveness of the program, since both victims and offenders typically have an increasingly strong wish to put the matter behind them as more time passes.

The victim-offender mediation serves, in part, to help the victim work through his emotions by providing a venue for a productive form of catharsis and for reaching an agreement that can produce a feeling that justice has been done. When this does not happen promptly, people tend to find other ways of dealing with those feelings, and the mediation begins to seem less appealing.

Also, offenders may, after awhile, feel like it is beating a dead horse to bring up an offense from long ago. If part of the purpose of the mediation was to help restore relationships, that may already have occurred by that time, or people may have moved on with their lives. On the other hand, if, after a long period of unnecessary waiting, problems still remain to be resolved in mediation, that means that people may have been suffering needlessly that whole time. There can be some degree of competition if private contractors compete to establish a reputation for good service in an effort to get governments to choose them.

If a contractor has done a good job for government agencies in jurisdictions A, B, and C, then it may use that track record to persuade jurisdictions D, E, and F to hire it as well. People who have been assaulted need to have a clear path to healing and compensation must be made to put things right again.

This type of justice can only be successful if the perpetrators, victims, and those in positions of authority work together to make it happen. This can include the obvious participants; the police and correctional authorities along with schools, faith-based groups, employers, and any organizations that may be have been affected in someway by the injustice.

Bringing all those involved together to discuss the offense and the impact it may have had each of them. Laying out the steps needed to bring everything back into balance once again. Taking the steps needed to bring about justice, restoring victims to the original state and to help the wrongdoer to become a contributing member of society. The final step is to provide opportunities for all parties involved to come to a resolution.

While it may be simple to outline these particular steps there is a lot at stake when it comes to implementing restorative justice. For one thing, all parties involved must become willing participants. Victims cannot refuse to speak out on their behalf, the wrongdoer must be able to recognize his or her role in causing the imbalance, and the authorities that are involved need to be ready to enforce the plans laid out for restoration.

The steps needed require more than just a desire to bring things into balance. There are definite steps that need to be taken for it to work. Through restorative justice programs victims and offenders both are given a real opportunity to heal. The idea of Restorative Justice is complex and time consuming. The practice can go only as far as the victim and offender is willing to go.

The whole idea of the practice is all personal based, the first step is being able to forgive and until you can do that no progression will be made.

Sullivan and Tift Hearing a sincere apology from the one who has done either psychological harm or physical harm to the victim helps relieve the pain that the individual is living with.

When the offender stops justifying his or hers actions of wrong doing onto others it also helps the offender progress on their well-being. Class Discussion Notes Restorative Justice is definitely a voluntary process and in some cases does not work for everybody. Not only does it benefit serious crime offenders and victims but also people who experienced wrong doing on a much smaller scale. For example, if we teach our youth from the ground up as they keep growing older about Restorative Justice, their ability to forgive and let go will show them that Restorative Justice is a system that ultimately is designed for their well-being.

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- This essay aims to make clear the system of restorative justice and its aims towards youth offending, whilst arguing points for and against the current system and whether or not it is more appropriate in terms of dealing with youth offending.

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The American justice system has viewed criminal behavior as a crime against "the state," leaving crime victims with no input into the legal process of the administration of justice in today's courts. Restorative justice today recognizes the act of crime as being directed against individual people /5(8).

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Essay: Restorative justice ‘All human beings have the capacity to learn, grow and change.’ (Arthur Barry Adoff, Web Quest) By taking restorative justice I recently was able to understand and realize to the fullest extent that change is possible in all human beings. Restorative justice also looks to develop an evidence headquarters for the use of restorative justice through funding a number of pilots on topics like the relationship between restorative justice and prevention of re-offending, in addition to developing and introducing constructive, practical and valuable guidelines for people working in restorative justice.

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Restorative Justice Essay. Understanding Restorative Justice and How it Works. We probably all know someone who has been a victim of crime at one point or another. Someone who came home to find their place had been stripped clean by burglars, or someone who has been forced to look down the barrel of a gun in a place that they thought would be. Restorative justice is essentially committed to putting victims at the forefront of the criminal justice system, in order to have their say and reflect upon the experience they encountered, assisting the criminal justice system in the reduction of crime within the United Kingdom.