Restorative justice asks fundamentally different questions, and is based on a different set of assumptions, than the current criminal justice paradigm (Restorative Justice for Oakland Youth, n.d.). The most notable and important difference between the current criminal justice paradigm and the restorative justice paradigm is that restorative justice does not focus on the punishment and does not advocate a punitive criminal justice system. Instead, the restorative justice model is based on several different points of views including how to repair harm. Restorative justice is solution-focused and also victim-centric in its approach to criminal justice. The National Institute of Justice (2007) describes restorative justice as being “grounded in community involvement,” which places a considerable degree of responsibility upon the members of the community in addition to the victims. As the Insight Prison Project (2017) puts it, restorative justice is “a philosophy and a social movement which provides an entirely different way of thinking about crime and victimization,” (p. 1). Restorative justice is similar to the rehabilitation model in that it recognizes the potential for an offender to reform and change his or her behavior. Yet restorative justice goes beyond the basic principles of rehabilitation to also focus on repairing the harm done to victim and community.
Restorative justice seeks to remedy the anomie that breeds some types of criminal behaviors. Advocates of restorative justice view crime “as a breakdown of society and human relationships and attempts to mend these relationships,” (iinsight Prison Project, 2017). According to Crawford & Newburn (2011), there are four primary components of restorative justice including encounter, reparation, reintegration, and participation. Each of these critical elements of restorative justice are integral to the effectiveness of the different models used in the criminal justice system. There are five main responses to crime in the restorative justice model: invitation to the community for consensus-building and full participation; healing “what has been broken;” seeking “full and direct accountability;” reunite “what has been divided;” and strengthening the community “to prevent further harms,” (Insight Prison Project, 2017). Because the Mahoney (2011) article focuses on nonviolent youth crime like shoplifting, it is important to focus on which of these five restorative justice methods or programs might work best.
Ultimately, the restorative justice...
References
Crawford, A. & Newburn, T. (2011). Youth Offending and Restorative Justice. New York: Routledge.
Davis, M. (2013). Restorative justice: resources for schools. Retrieved online: https://www.edutopia.org/blog/restorative-justice-resources-matt-davis
Insight Prison Project (2017). What is restorative justice? Retrieved online: http://www.insightprisonproject.org/a-restorative-justice-agency.html
Mahoney, S. (2011). Teen shoplifting. Family Circle. Retrieved online: http://www.familycircle.com/teen/parenting/discipline/teen-shoplifting/?page=2
National Institute of Justice (2007). How to build community support for restorative justice. Retrieved online: https://www.nij.gov/topics/courts/restorative-justice/perspectives/pages/how-to-build.aspx
Restorative Justice for Oakland Youth (n.d.). Restorative justice. Retrieved online: http://rjoyoakland.org/restorative-justice/
What is significant about youth court is that the attorneys, jurors and even the judges are themselves adolescents and many times former defendants (Butts, Hoffman & Buck, 1999). The foundational premise or ideology behind youth courts is that the youth's judgment from their peer cohorts may be more convincing and in the long run beneficial than judgment handed down by officials and adults in the judicial system. Because many
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