Restorative Justice
Mar. 10th, 2005 05:51 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
semiotic_pirateYes yes, I know... Long time no writing in journal. Life has been a bit hectic. Giant paper, two projects (one a presentation) and just the general ughs of life.
I decided to take a look at something I heard about in a conversation with my mother today. She didn't really know what the proper term for the concept was, however, I was able to discover it. This thing I'm talking about is called Restorative Justice. I discovered it in part because someone I care about is being affected by it. I have to say that the improvement in the penal system as a result of this new discovery could be great. Imagine a world where instead of chopping off someone's hand for stealing something (okay so that is an extreme example) or maybe to send someone to prison for a first offense... instead, you have a system that incorporates reparations resolved between the offender, the victim, and the community; perhaps through community service. I've gathered bits and pieces of explanations about the budding sociological/psychological changes that I personally hope will continue to occur. Of course, the most useful place for this "new" technique is in the area of youth offenders. People who can be "turned from the dark side" before it's too late and they become recidivist adult offenders who don't, can't, or won't see any other behavioral approach to life other than a life of crime. A lot of people turn to crime out of desperation, in order to survive desperate lives. We don't need to use Retributive Justice to add to their burdens. (Note: I am not sure if Restorative Justice can be used in any way for hardened criminals; rapists, child molesters, sociopaths, psychopaths, etc. I cannot see anything other than locking them up and studying WHY they became what they are in order to prevent it happening to others. I do consider it important to find all of these people's victims, however, because there is a trend for - at least in the case of child molestation - for victims to become offenders.)
"Criminal behaviour emerges as a result of joint failures of the individual and the society of which he or she is part. As a result, society must take some responsibility for crime and at least make an attempt to rehabilitate offenders"
Restorative Justice involves the victim, the offender and the community and seeks to repair the harm caused by the offence and the offending behaviour. It recognises that once a crime has occurred there is an opportunity to acknowledge injustice and to make amends.
The philosophy on which Restorative Justice is based is one of mutual obligation whereby offenders have an obligation to provide reparation to the victim and to the community. The community also has an obligation to define standards of acceptable conduct and determine the best ways to repair the harm caused by offending behaviour.
Restorative Justice is characterised by principles of inclusiveness, reparation, accountability, community involvement, choice, equality and sensitivity. It promotes a culture of justice, cooperation and social responsibility by manifesting respect for victims and providing programs and services for offenders and prisoners.
A restorative approach to the problem of crime has the potential to make a significant contribution to the reduction of crime, the rate of recidivism and the incidence of imprisonment, which often occurs at the cost of other needs of the community.
This is a fantastic PDF file from a Vermont program that outlines the use of Restorative Justice for youth offenders specifically and I find it fascinating. In my field of resource economics, although some of my teachers don't agree, I see people as resources. I see them as human beings as well. So, while I think of people wasting their lives by committing crimes (from a productive and efficient economy standpoint) I also think of the suffering of both the criminals and the victims.
The Restorative Justice Initiative represents a clear departure from business as usual, viewing crime as a violation of the victim and the community rather than the state. As such, offenders are required to repair the damage done to those harmed, whether they are individuals or the community at large. One way this is done is through community conferencing, in which a person who has committed a misdemeanor offense like trespassing or shoplifting meets with a victim and people who live or work in the neighborhood to discuss the impact of the offense. Facilitators help the group develop an agreement under which the adult offender will repair the harm and make amends to the victim and community.
The Initiative reaches out to the community by educating the public about restorative principles, engaging community leaders in discussions about building safe communities and providing technical support for developing restorative practices. Residents have also participated in a neighborhood block patrol, served meals for the homeless and, in one instance, offered to help an illegal driver prepare for the required driving test.
It is when victim, offender, and community representatives encounter one another, learn more about each other and their situation that relationships are established or restored. It is in this relational context that people are held accountable and take responsibility for their acts and begin to repair the harm and broken relationships. Some restorative justice advocates believe that restorative justice processes themselves create the catalyst for community building.
Comments? Questions? Maybe a bit of discussion perhaps?!
I decided to take a look at something I heard about in a conversation with my mother today. She didn't really know what the proper term for the concept was, however, I was able to discover it. This thing I'm talking about is called Restorative Justice. I discovered it in part because someone I care about is being affected by it. I have to say that the improvement in the penal system as a result of this new discovery could be great. Imagine a world where instead of chopping off someone's hand for stealing something (okay so that is an extreme example) or maybe to send someone to prison for a first offense... instead, you have a system that incorporates reparations resolved between the offender, the victim, and the community; perhaps through community service. I've gathered bits and pieces of explanations about the budding sociological/psychological changes that I personally hope will continue to occur. Of course, the most useful place for this "new" technique is in the area of youth offenders. People who can be "turned from the dark side" before it's too late and they become recidivist adult offenders who don't, can't, or won't see any other behavioral approach to life other than a life of crime. A lot of people turn to crime out of desperation, in order to survive desperate lives. We don't need to use Retributive Justice to add to their burdens. (Note: I am not sure if Restorative Justice can be used in any way for hardened criminals; rapists, child molesters, sociopaths, psychopaths, etc. I cannot see anything other than locking them up and studying WHY they became what they are in order to prevent it happening to others. I do consider it important to find all of these people's victims, however, because there is a trend for - at least in the case of child molestation - for victims to become offenders.)
"Criminal behaviour emerges as a result of joint failures of the individual and the society of which he or she is part. As a result, society must take some responsibility for crime and at least make an attempt to rehabilitate offenders"
Restorative Justice involves the victim, the offender and the community and seeks to repair the harm caused by the offence and the offending behaviour. It recognises that once a crime has occurred there is an opportunity to acknowledge injustice and to make amends.
The philosophy on which Restorative Justice is based is one of mutual obligation whereby offenders have an obligation to provide reparation to the victim and to the community. The community also has an obligation to define standards of acceptable conduct and determine the best ways to repair the harm caused by offending behaviour.
Restorative Justice is characterised by principles of inclusiveness, reparation, accountability, community involvement, choice, equality and sensitivity. It promotes a culture of justice, cooperation and social responsibility by manifesting respect for victims and providing programs and services for offenders and prisoners.
A restorative approach to the problem of crime has the potential to make a significant contribution to the reduction of crime, the rate of recidivism and the incidence of imprisonment, which often occurs at the cost of other needs of the community.
This is a fantastic PDF file from a Vermont program that outlines the use of Restorative Justice for youth offenders specifically and I find it fascinating. In my field of resource economics, although some of my teachers don't agree, I see people as resources. I see them as human beings as well. So, while I think of people wasting their lives by committing crimes (from a productive and efficient economy standpoint) I also think of the suffering of both the criminals and the victims.
The Restorative Justice Initiative represents a clear departure from business as usual, viewing crime as a violation of the victim and the community rather than the state. As such, offenders are required to repair the damage done to those harmed, whether they are individuals or the community at large. One way this is done is through community conferencing, in which a person who has committed a misdemeanor offense like trespassing or shoplifting meets with a victim and people who live or work in the neighborhood to discuss the impact of the offense. Facilitators help the group develop an agreement under which the adult offender will repair the harm and make amends to the victim and community.
The Initiative reaches out to the community by educating the public about restorative principles, engaging community leaders in discussions about building safe communities and providing technical support for developing restorative practices. Residents have also participated in a neighborhood block patrol, served meals for the homeless and, in one instance, offered to help an illegal driver prepare for the required driving test.
It is when victim, offender, and community representatives encounter one another, learn more about each other and their situation that relationships are established or restored. It is in this relational context that people are held accountable and take responsibility for their acts and begin to repair the harm and broken relationships. Some restorative justice advocates believe that restorative justice processes themselves create the catalyst for community building.
Comments? Questions? Maybe a bit of discussion perhaps?!
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no subject
Date: 2005-03-10 11:42 pm (UTC)no subject
Date: 2005-03-10 11:56 pm (UTC)no subject
Date: 2005-03-11 12:00 am (UTC)However, drug use to the extent of, say, neglecting or abusing your children, or driving while under the influence and endangering people, would still be a crime. Prostitution without due care of checking for STDs would be a crime. Stuff like that, where there's negilgence or reckless endangerment or whatever, but not the acts themselves which can be done in moderation and carefully and safely.
And yes, before you could get the political will to legalize things like drugs and prostitution, you'd have to either get rid of the social stigma associated with them, or, better yet, instill a culture of liberty that says "I don't have to approve of what others do, as long as they don't cause people harm."
no subject
Date: 2005-03-11 12:32 am (UTC)no subject
Date: 2005-03-11 12:34 am (UTC)no subject
Date: 2005-03-11 01:02 am (UTC)no subject
Date: 2005-03-11 04:12 am (UTC)Is why I'm against the age of consent law. Sort of.
no subject
Date: 2005-03-11 12:35 am (UTC)I really have taken a liking to a "pagan" saying I have become familiar with: Do No Harm. As long as that is obeyed, I don't see any problems.
There are many theories about drug use... I guiltily like the one that says those that are genetically disposed to it, would become utterly destroyed by it, they would fail to breed, and those that are resistant to being enslaved by drug habits will survive. (and this comes from someone with a family history of alcoholism.) Any traits of resistance that arises in families of addicts would survive... etc. Not the most popular of theories, but... if no one is "harmed" how can you argue with it? (does that all sound imbecilic?)
Gambling, don't know much about it... never saw the draw to it.
no subject
Date: 2005-03-11 12:37 am (UTC)no subject
Date: 2005-03-11 01:01 am (UTC)And on a side note: I want a life with a Capraesque quality to it... heh.
no subject
Date: 2005-03-11 01:18 am (UTC)no subject
Date: 2005-03-11 01:22 am (UTC)no subject
Date: 2005-03-11 03:45 am (UTC)If you believe that government interference is fine in order to redistribute property, the two are not compatible. If you believe that social and economic justice are achievable only through voluntary, cooperative means, then they're completely compatible.
no subject
Date: 2005-03-11 03:57 am (UTC)no subject
Date: 2005-03-11 04:06 am (UTC)In addition, ,my faith in humanity is not such that I wish to give people who compete for power - exactly the wrong kind of people to be vested with this type of power - the ability to use force to compel me to pay for something or act a certain way for what they perceive to be the good of humanity. The most power-hungry, blood-thirsty, and sociopathic individuals will end up on top, and I think most of the presidents in the last century - including GWB and Clinton and Reagan and Elder Bush and Kennedy and FDR and LBJ the rest of them - have exemplified this very well.
no subject
Date: 2005-03-10 11:49 pm (UTC)CoB
no subject
Date: 2005-03-11 12:26 am (UTC)It's like mediation. Mediation works, under certain circumstances. And it works better than the adversarial process that we currently tend to rely on - meaning it results in a more equitable outcome. It makes people deal with their issues instead of sweeping them under the rug and playing the blame game. It makes/allows people to take responsibility for themselves, for their actions.
no subject
Date: 2005-03-11 12:48 am (UTC)