Criminal justice is primarily designed to serve the public interest in relation to criminal acts. Restorative justice is designed to address the harm- related needs of individuals in the aftermath of wrongdoing.
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.
How effective is restorative justice?
Restorative Justice can turn the discipline process into a learning opportunity and help build strong, lasting relationships between students, school staff, families, and members of the community.
Rather than suspension or expulsion, which can negatively affect students' learning, RJ keeps students in the educational setting, holding them responsible as members of their school community.
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Is restorative justice effective in reducing crime?
Restorative justice programs prove particularly effective for juvenile offenders.
Also, victims and their families are more satisfied with these programs than they are with traditional approaches to juvenile justice.
And, like adults, juvenile offenders who face their victims are less likely to engage in future criminal activity.
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Outcome
The most important way in which restorative criminal justice differs from retributive and rehabilitative justice is in the outcome of the process.
Retributive justice often relieves the offender from the obligation to acknowledge guilt or to repay the victim and community.
In contrast, restorative justice seeks to right the wrong that has been comm.
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Overview
restorative justice, response to criminal behaviour that focuses on lawbreaker restitution and the resolution of the issues arising from a crime in which victims, offenders, and the community are brought together to restore the harmony between the parties.
Restorative justice includes direct mediation and conflict resolution between the offender, the victims, their families, and the community.
It holds the offender accountable to the other parties while also providing the offender with learning experiences that offer law-abiding lifestyles as realistic alternatives to criminality.
American psychologist Albert Eglash is generally credited with first adopting the term “restorative justice” in his 1959 article “Creative Restitution: Its Roots in Psychiatry, Religion and Law,” which was then compared and contrasted in his 1977 article “Beyond Restitution: Creative Restitution” with the retributive justice (punishment-focused justice) and rehabilitative justice (justice focused on personal reform) perspectives.
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Process
Restorative justice, however, considers both primary victims (those directly harmed by an offender’s actions) and secondary victims (those indirectly harmed by the offender’s actions [such as the families of the primary victims and the community at large]).
Primary victims often sustain bodily injury, financial loss, and emotional suffering, and the effects of such losses can last up to a lifetime.
All primary victims, regardless of their level of victimization, have a need to reclaim a sense of control of their lives and to have their rights vindicated.
Moreover, victimization is based on the experience of being wronged by another, and thus victims feel the need for authoritative condemnation of the wrong.
Secondary victims may also have a variety of needs.
For example, a primary victim’s family may need to replace property or endure medical expenses.
The community seeks the reestablishment of order and safety.
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What are the main principles of restorative justice?
What are the main principles of restorative justice.
Notice three big ideas:
(1) repair:crime causes harm and justice requires repairing that harm; (2) encounter:the best way to determine how to do that is to have the parties decide together; and (3) transformation:this can cause fundamental changes in people relationships and communities. ,
Why restorative justice is bad?
Tom Whitehead focuses on the negative aspects of restorative justice, or “community resolution,” making sure to explain why the process “should not be used for serious crimes.” He highlights that “[the offenders] do not go before a court and they are not given a criminal record,” which resonates with many people as being wrong and without justice.
