Thursday, January 9, 2020
Is Restorative Justice More Appropriate in Dealing With...
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. It will also define restorative justice as well as defining what is meant by conventional justice. Making clear how and why these two systems came to be a part of youth justice whilst concluding as to which if either is more appropriate in dealing with youth offending behaviour. ââ¬Å"Restorative justice is a process whereby parties with a stake in a specific offence collectively resolve how to deal with the aftermath of the offence and its implications for the futureâ⬠(Munchie, 2004). Restorativeâ⬠¦show more contentâ⬠¦There are already existing restorative practices that are place within the conventional criminal justice system at present namely probation, restitution and community service (Zehr, 1990). Admittedly they are not readily termed restorative justice programs however they are grounded in its theory. The current conventional criminal justice process takes a more punitive, ââ¬Ëretributiveââ¬â¢ view of criminal justice. The retributive approach has become grounded into our current system of justice whereby it intends to establish blame on offenders and make them repay their debt to society by inflicting a form of punishment (Ball, 2000). The general stance in relation to the ââ¬Ëretributive systemââ¬â¢ is that its more offender-oriented and its focus is the past rather than the future (Griffiths, 1999). In addition to establishing blame, it tends to give less attention to future-oriented concerns such as how to repair the damages caused by the crime and how future recurrences can be prevented (Young, M, 1999). It has been argued that the existing ââ¬Ëretributive systemââ¬â¢ places excessive emphasis on the past whilst being less constructive towards victims, offenders and the society, as a result youths tend to get labelled as criminal from an early age leading in some cases to a life delinquent offending behaviour (Braithwaite, 1989). At present a crime is viewed as a social conflict within society, and so a crime is perceived an offense against society ratherShow MoreRelatedResearch Methodology And Legal Writing Essay3112 Words à |à 13 Pagestransformation through law and thereby perceives law as a means of achieving socio economic justice and parity. iv. It provides an expert advice and gives feedback to the policy makers, legislature and judges for better formulation, enforcement and interpretation of law. v. 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