Clearly there are cases in which there is an absolute victim. In three to five pages (double-spaced)

Clearly there are cases in which there is an absolute victim. In three to five pages (double-spaced), please select a crime of this sort and discuss the theories of how justice is “achieved” 1) in the traditional, due-process model of adversary justice, 2) as victims’ rights advocates see an ideal system, and, 3) through restorative justice. Which of these theories do you prefer? Why?

For those of you who select crimes involving children, please do not forget to differentiate the idea of justice for the “victim” and justice for the adults involved. For example, some may say that executing those that harm children is “just” in a retributive manner, but does a child understand retribution and death?

Controversies in victimology
Restoring Justice chapters 1 and 2

ANSWER

Criminal Justice System

Restorative justice is a reaction to unlawful manners that concentrates on lawbreaker compensation and the resolution of the problems emerging from an offense in which offenders, victims, and society are brought as one thing to reinstate the harmony among the parties. The process involves direct arbitration and conflict solving between the criminal, the victim, families, and the community. Restorative justice holds the offender liable to the other parties while still availing the lawbreaker with learning opportunities that offer law-abiding lifestyles as options to criminality. This process engages these parties in one-on-one meetings, which is a powerful way of discussing the material and physical injuries inflicted and the social, psychological, and relation injuries (Payne & Welch, 2015). When a party is unwilling or unable to participate in such meetings, alternative mechanisms can be deployed to accomplish a restorative result of repairing the harm. In dealing with the offender’s accountability, these mechanisms can range from community service to other reparative sentences.

Crimes and Restorative Justice

This form of justice is the best and of interest to criminal justice because it concentrates on trying to mend the damage caused by engaging those affected. The process also acknowledges the crime as a legal infringement that needs public outrage and an assault on real people and relationships requiring active healing. People involved in the assault are left with a range of physical, spiritual, and emotional damage that needs active engagement. The two primary parties engaged in restorative justice involve the victims and the offenders.

Victims are mostly associated with visceral wants because getting assaulted by another person can profoundly affect an individual’s sense of self-worth and well-being. Victims are frequently left feeling insecure and mad since their rights are normally overwhelmed with fears and anxieties together with physical losses. Bullying is one of the popular crimes involving teenagers in schools and neighborhoods in the United States. A good example is the case of Rebecca Sedwick, a 12-year-old kid who committed suicide in the state of Florida following a year of harassment at the hands of two other young girls. This kind of crime is serious and can be distressing to the victim. In the past, the criminal justice system gave limited attention to the needs of victims because they were viewed as incidental to the justice process. This has changed with the modern justice system, where the offense victim is considered to be the government, not the actual person injured. The offended party’s responsibility is to avail confirmation on behalf of the prosecution.

On the other hand, the offenders also need justice, fair trial, and due process. They need to acknowledge the effects of their actions and come to terms with all actions. Still, their humanity ought to be embraced. In principle, the justice system has constantly addressed the wants of offenders, more so their need for a fair test. Therefore, the effect of the crime normally forms a difficult range of justice needs for the individuals involved. In finding a meaningful sense of fairness, victims always need the offenders to acknowledge their sufferings and pain and assure them of their protection. Equally, the offenders also require the victim to communicate the human effects of their actions, hear their guilt and accept their regret.

Choosing Restorative Justice

Before a crime escalates and gets fatal, the restorative justice process has something special. This process typically brings together the two parties affected by a particular action of wrongdoing to name the wrong committed, describe the needs it has presented, tackle the harm, and stop its recurrence. Restorative justice can be achieved through various programs, which include mediation. The victim-offender mediation program presents the victims and offenders with the chance to get together and discuss whatever transpired (Van Ness & Strong, 2014). Such mediations are regulated by trained mediators who have in-depth knowledge of the whole process. The mediator cannot impose any specific result because the ultimate objective is to empower participants and embrace mutual problem-solving.

Family conferencing is another program linked with attaining justice through the restorative justice process. The primary objectives of this program are to present the victims with an opportunity to be directly linked in responding to a certain criminal activity, make the criminal conscious of the effects of his actions, and engage the offender’s support system to make amends and shape the offender’s potential actions. The third program involves circles, a community-centered decision-making program (Van Ness & Strong, 2014). These are society meetings aimed at bringing together the victims, offenders, families, and other friends. Participants are allowed to speak one at a time and discuss a wide range of problems concerning the crime. The main focus of circles is to find a strategy leading to a practical and long-term solution, in which the needs of the victim and society are discussed and understood together with the needs and obligations of the offender.

Benefits of Restorative Justice

Victims of any assault need some assurance, among other things, to heal. The criminal justice system has failed to incorporate some essential factors in achieving these. Restorative justice has been practiced in diverse forms across the United States, including schools, societies, and alternatives to court processes. The process is most effective because it presents a chance for all the parties involved in a particular crime to communicate about it and stick to the best approach to solving the problem. Restorative justice is also anchored on the understanding that crime is a violation of people and is centered in laws of respect, inclusivity, and compassion (Payne & Welch, 2015). The process also embraces active and ongoing communication and accountability through presenting an active process of healing, reintegration, and reparation.

In summary, crimes can lead to powerful emotional effects that obstruct the more dispassionate search for justice many courts aspire to. They discussed that programs are critical in achieving justice as they allow emotions to be expressed. In the situation where emotions are shared, the offender and the victim achieve a sort of empathy. This makes the victim feel positive about the offender and understands the actions that prompted criminal behavior. Therefore, this method has numerous advantages linked with attaining justice to both the parties engaged. The justice system should encourage restorative justice in solving cases, especially minor crimes conducted within the community.

References

Payne, A. A., & Welch, K. (2015). Restorative justice in schools: The influence of race on restorative discipline. Youth & Society, 47(4), 539-564.

Van Ness, D., & Strong, K. H. (2014). Restoring justice: An introduction to restorative justice. Routledge.