Restorative Justice Paper
October 08, 2012
Attorney Walter H. Bentley III
Restorative Justice: “A sentencing model that builds on restitution and community participation in an attempt to make the victim “whole again”. Crime is an act against another person or the community. (Criminal Law Today: Frank Schmalleger, Ph.D.) What restorative justice does?
Restorative justice has been considered as a way of diminishing the overcrowding of the prison, but unfortunately, it has contributed to the problem by removing consequences, increasing repeat offenses, and embitters many people, which led to them committing criminal acts. Restorative justice depends on a third person to control the actions between a victim and the offender. Most time the offender will default on their agreement, and this will cause them to go unpunished. When this happens, a criminal will continue to commit criminal acts because he or she believes that nothing will be done. Prisons will continue to be overcrowded with prisons because restorative justice does not eliminate the criminal acts by criminals (Mantle, Fox, & Dhami, 2008). Concept of restorative justice
For many years, the goal for sentencing was restoration. Today’s notion of restorative justice has several concepts that identify needs. Three of the concepts are as follow (1) the need to compensate victims, (2) the need to place appropriate responsibility on the criminal offender, and (3) the need to attempt reintegration of the offender with the community. (Criminal Law Today: Frank Schmalleger, Ph.D.). The U.S Department of Justice did a report on restorative justice explaining it by saying “Crime was once defined as a ‘violation of the state.’ This remains the case today, but we now recognize that crime is far more. It is—among other things—a violation of one person by another. While retributive justice may address the first type of violation adequately, restorative justice is...
References: Criminal Law Today, Fourth Edition, by Frank Schmalleger, Ph.D. and Daniel E. Hall, J.D., ED.D. with John J. Dolatowski, J.D.
Courts and Criminal Justice in America, by Larry J. Siegel, Frank Schmalleger, and John L. Worrall.
Mantle, Fox, & Dhami, 2008
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