June 12, 2012
Can justice be found in settling crimes between one another instead of through the justice system? Is there restorative justice beyond breaking and entering? Some people will think that it is a good route to go. It can be a good way of rehabilitation rather than incarceration.
Restorative justice is a process whereby all the parties with a stake in a particular offense come together to resolve collectively how to deal with the after math of the offense and its implications for the future (Siegel, Schmalleger, & Worrall, 2011). In the case Ed and David who broke into the home of an individual by ...view middle of the document...
Ed the 19 year old had a criminal record and denied having to do anything with the theft. David the 18 year old did not have a criminal record and finally broke down and confessed of the theft and also felt guilty and ashamed of what he did.
At the core of restorative justice are two concepts, harm and repair. Harm is the damage to property associated with the crime and repair refers to measures taken by an offender to repair the damage incurred (Siegel, Schmalleger, & Worrall, p. 441, 2011). As we have read, the harm that was done was that Ed and David broke into Mildred’s house and stole some items. Mildred was scared and did not know who could help her in the matter of fixing her door and the fact that someone broke into her house. The repair will be what is decided between the courts and all surrounding the events that will take place. The neighborhood also helped in the repair process of helping out Mildred in resting her mind at ease, and knowing that there where people in the neighborhood that did care.
The difference between contemporary and restorative criminal justice can be seen in many ways. To start with, all the criminal acts are more lengthily rather than the definition of the crime or the criminal as simply a lawbreaker in society. It identifies that the criminal harms the communities, themselves, and the victims. Another could be to involve more groups in responding to a crime, instead of giving key roles only to the criminal or the government but need to include the community and the victim as well. Lastly, it also measures the outcome in a different way instead of showing or sentencing a criminal on how much punishment is given to the offender.
Meetings that have victims, their criminals or offenders, and people from the community all help in the process of restorative justice. with the case of Ed, David, and Mildred, if it was not for the victim offender mediation, family or community group conferencing, and the peacemaking circles the conclusion of the story would have a different outcome.
David was the first to admit that what he did was wrong and felt ashamed. David was also having issues at home with his parents, which affected the way he acted at school and ended up getting kicked off the baseball team. This was a cry for help and the courts saw this. The city and the courts stepped into help David in this matter in a positive way. The judge made David pay half of the restitution and write a letter to Mildred to apologize for what he had did. Because David did what he was told to do in the agreement, he successfully completed it all. The relationship with his parents had improved, he...