Restorative justice principles and applications

Restorative Justice

The purpose of this article was to show that restorative justice is significantly more satisfying as compared to courts for both offenders and victims. This was achieved with a randomized experimental design known as Reintergrative Shaming Experiments RISE. This project is used to compare the effects of standard court processing with those of restorative justice intervention known as conferencing. In the article, the RISE data is used to examine whether conferences are equally beneficial for juvenile victims and adult victims as well (Gal, T & Moyal, 201).

The research method that was used in this article is a stratified randomized experimental design that was used to compare the outcomes of court and conference cases that were held in Canberra, Australia between 1995 and 2000. Shoplifting, drinking, property crimes and violent crimes were assigned within each other randomly to the Restorative Justice Conferences or traditional courts using a computer program. There was the use of a two-factor analysis of covariance ANCOVA for analysis of the data that was found.

The key findings of the article suggest that whereas RJ made adults more satisfied as compared to courts, conference juvenile victims were less satisfied compared to court juvenile victims. The two-factor ANCOVA showed that for all the victims conferences were more satisfying as compared to courts. Furthermore, harm that is more serious is linked to decreased process satisfaction for all victims. A qualitative analysis has been used to identify adult domination and insensitivity when it comes to the special needs of youths as recurring themes (Gal, T & Moyal, 201).

One of the limitations of the study was the fact that there was a small number of young victims that were involved in the RISE study as well as an unbalanced comparison group of the adult victims. Another limitation was that there was a higher rate of violent crimes that were experienced by the young victims as compared to the adults within the sample that comprised mostly of property crimes.

A brief historical and philosophical summary of the labeling theory

Edmin Lemert is the founder and producer of the labeling theory and its origins are within the context of the twentieth century. When it comes to the sociology of deviance, labeling theory of defiant behavior is used interchangeably with societal reaction theory of deviancy. These two phrases both point to the fact that sociological explanation of the function of deviance as a product of social control as opposed to being a product of psychology or genetic inheritance. Labeling theorists put emphasis on the point of seeing deviance from a deviant individual's viewpoint. They hold the claim that when an individual becomes known as deviant and has deviant behavior patterns it is as much or more to do with the stigmatization they get then they are said to have committed the deviant act.

Labeling theory comprises of two propositions, the first is that deviant behavior is to be seen as not simply a violation of norms but as any behavior that is successfully labeled as deviant. The deviance does not inhere in the act but how others respond to that particular act this can be understood as deviance being in the eyes of the beholder. The second proposition claims that labeling leads to or amplifies deviance. Deviant's response to a societal reaction is what leads to secondary deviation through which the deviant ends up accepting a self-image as someone that is locked permanently within a deviant role. Labeling theory is very complex and hence making it different as compared to other theories. Instead of examining why some social groups commit more crimes it asks why some people that are committing some actions end up being defined as deviant while others do not. This theory is also interested in labeling of people.

An analysis of how this article relates to the labeling g theory

The article shows that both victims and offenders are more satisfied with as compared to courts. This is because it looks at the needs of both the victims and offenders and at the same time the involved community and not just punishing the offender. Victims take an active role whereas the offenders are expected to take responsibility for their actions. According to the labeling theory, criminal behavior is not something innate but involves a process of learning and socializing in groups they are in. It also emphasizes that one's behavior is influenced by labeling meaning that positive labels produce positive behavior while negative labels produce a negative behavior. This theory therefore underlies how important the society's response is to a criminal. An understanding of the labeling theory will help in the process of restorative justice. Therefore, labeling theory can used to understand criminals and the reason why they commit crimes hence know what approach they will take when it comes to the restorative justice process.

The findings of the article support what theoretically should happen. This is because restorative justice involves the offender, victim and the entire community, which should be the case when dealing with a crime. Understating of the cause of a crime helps in dealing with it and preventing the offender from committing a similar crime. Punishing an offender is not the best solution in a crime but ensuring the reason why the crime was committed to prevent it from being committed again.

The types of variables in the article associated with conflict and labeling theories

The process assignment conference / court, and interaction and crime effects as a continuous covariate are variables that are associated with labeling theories. Labeling theory basic approaches are that people act based on meanings that things have for them and meanings are continually modified through interpretation. Therefore the process assignment is associated with the approach of meanings being modified through interpretation and interaction and crime effects linked to how people act on the basis of meaning that things have on them.