Battered Child Syndrome Analysis

Superior Essays
The fifth concept I learned in this chapter is battered child syndrome. In 1962, the recognition of child abuse became came about, thanks to the paper the Battered Child Syndrome written by Dr. C Henry Kempe. Battered child syndrome is a type of child abuse and it happens when a child is continually abused by his/her parent. The reason why it took so long for child abuse to be discovered is because they used to be seen as property just like women. Before the 19th century, children and women were seen as property or chattel. The man of the house could do whatever he wanted to with his family. A concept that closely relates to the battered child syndrome is battered women syndrome.
In chapter nine, I learned about battered women syndrome. Battered
…show more content…
Offender restitution occurs when the offender has to recompense the victim for injury or loss. Every state allows court order restitution that covers a wide range of damages. Offenders can pay restitution for the victim’s medical and counseling costs, replacement of damaged or stolen property, lost wages due to injuries, funeral expenditures, or other cost that occur because of the crime. Restitution is given to the offender as a type of punishment, to repay the victim, and to rehabilitate the offender. When sentencing an offender the first priority is to incarcerate the offender to repay debt to society and the second priority is to make efforts to repay the victim, which makes incarceration and restitution incompatible. Restitution is only ordered in a small proportion of violent crime. Some of the statistics are as followed 13% of murder victim’s family, 18% of Rape, Sexual Assault, and aggravated assault victims are restituted. The percentage is higher for high property crimes, which raises to 27% for burglary victims and 29% for fraud victims. When the offender is not found guilty in a criminal court the victim can take him/her to civil court to try to gain monetary …show more content…
Restorative Justice uses non-punitive methods of peacemaking, mediation, negotiation, dispute resolution, conflict management, and constructive engagement to make the victim and the offender whole again. The point of restorative justice is to embrace themes of the victim rights movement. An aspect of restorative justice is alternative dispute resolution (ADR), which seeks, to resolve disputes without a trial. Three points of (ADR) involves mediation, adjudication, and arbitration. The first point is mediation is non- adversarial and it uses a third party to help resolve problems. Secondly, there is adjudication were the judge acts as the third party and the decision is binding. Adjudication is similar to the last point arbitration. Arbitration occurs when a neutral person makes a fair, final, and legally binding decision. There are many pros and cons of restorative justice in the eyes of the victim. A few of the pros are; it is a way to resolve conflict without making an arrest, it allows victims to ask questions about why, how, etc., and it is a Speedier and cheaper form of justice. Some of the cons of restorative justice include; Healing and redemption undermine justice and responsibility, Closed to the public, and Blameless victims may feel cheated if compromise involved with the

Related Documents

  • Improved Essays

    Restorative justice makes it possible for the victims family to have closure. In addition, Kumar achieved his goal in writing a convincing argument by asking questions in his article. The questions he had about restorative justice were able to be answered clearly. Showing that restorative justice is a beneficial…

    • 857 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Although punitive approaches to criminal justice are still dominant today, the public acceptance of restorative justice programs is gradually increasing in the United States. Current restorative justice programs have made significant changes in communities all over the country, such as the Longmont Community Justice Partnership in Colorado. The main goal of this organization is to guide victims and offenders into strengthening their relationships while repairing the harm done by the crime. This restorative program has demonstrated to law enforcement administrators and the community in general how effective an approach to justice without punishment can be.…

    • 1601 Words
    • 7 Pages
    Great Essays
  • Superior Essays

    Kiara Rivas Philosophy 25 Due Date: 5/6/2015 Mock Trial: U.S v. Dominique Stephens The case I am presenting today is about a woman who admits to having killed her husband and is being charged with first degree murder. The woman’s name is Dominque Stephens and Mrs. Stephens claims that she has acted in self-defense after suffering many years of domestic violence in her marriage.…

    • 2831 Words
    • 12 Pages
    Superior Essays
  • Improved Essays

    Introduction Battered women syndrome is a mental disorder that is spawn from domestic violence. These victims developed a mental state of "hopelessness" and "helplessness which are results of long-term abuse from their significant other. These victims are usually women in which they become depressed, unworthy, and or incapable of leaving the abusive partner. Battered women syndrome develops with three stages. First, the abusive partner creates tension in the relationship.…

    • 883 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The meetings help them learn the means by which to exercise more self-control, as well as problem-solving and communication skills. Finally, restorative justice is a balanced approach compared to punitive measures in schools because it takes into consideration the needs of the victim, as opposed to only weighing what punishment is appropriate for the…

    • 959 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    On November 7, 2014, Thomas MacMillan wrote an article of why Restorative Justice Can Bring About the Healing Process. Restorative Justice is, “ Participants gather in circles to try to resolve problems through discussion, rather retribution.” So why would Restorative Justice not work if it helps people heal. Three good reasons why Restorative Justice does work is because it stops student violence, reduces suspensions, and helps troubled teens to open up to the problem.…

    • 385 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    Constitution. Critics of restorative justice assert that restorative justice is unconstitutional, as it violates the U.S. Constitution’s Fifth Amendment, Sixth Amendment, and Fourteenth Amendment. The Fifth Amendment states that no person shall “be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law”, which is extended also to the states by the Fourteenth Amendment to ensure due process. The Sixth Amendment provides that the accused must be afforded the right to representation by counsel and a trial by jury. Restorative justice critics fear that restorative processes infringe upon the constitutional rights of citizens by leading to self-incrimination, breaches in confidentiality, and double jeopardy in addition to the fact that there is no counsel for the accused or a jury to try him or her, as guaranteed by the Sixth Amendment.…

    • 1340 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    A brief review of the book “The Little Book of Restorative Justice,” by Howard Zehr, is based upon one idea, how should this society respond to wrong doings and what should be done with the victims and offenders? The book begins by telling us that the criminal justice system is not meeting the needs of the people with in that system, ultimately the system is failing however there still may be some good qualities. Zehr expresses that, “restorative justice is an attempt to address some of the needs and limitations,” (3) and by doing this he first tells his audience what restorative justice is not, to give us, his readers a better understanding of what it really is. Also to you could say that he does this so we can have a stronger foundation while learning what, The Little Book of Restorative Justice,” is and not being completely biased…

    • 1224 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    Deterrence should be considered one of the primary objectives of the criminal justice system and criminal law because deterrence acts as a countermeasure against the probability of the occurrence of criminal acts in the future. Deterrence protects public from criminal acts because “The threat of punishment deters people from engaging in illegal acts” (Cassidy, n.d.). Restitution, on the other hand, is meant to give an opportunity to a perpetrator to rectify himself and to assimilate into the mainstream society, and such an act restores faith of the common public in the justice system, and this also provides opportunity to the justice system to refrain from providing long-term punishment mistakenly to an innocent. Retribution is a goal which must be accomplished by the criminal law in order to prohibit a perpetrator to roam free again and inflict untreatable wounds to the society. And, the objective of rehabilitation must be accomplished by the criminal justice system in order to transform a perpetrator into a responsible citizen and to thereby protect the society from yet another…

    • 1326 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    This policy proposal includes a brief introduction of restorative justice particularly focuses on youth justice conferencing. This paper will explain the penoligical principles underlying in restoration, and discuss the strength and weakness of youth justice conferencing. Finally, this paper will conclude with recommendation for future practice. Restorative justice is a framework that recognises accountability and the need to repair harm caused to victims and communities impacted by crime. It is a reform that seeks to engage all parties such as (victims, offenders, both their families or support persons, police officer and the facilitator) comes together to discuss the offence, its impact and what should be done to repair the harm, and resolve…

    • 1216 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    1. What is the mission of corrections? The mission of the corrections has traditionally been to implement court-prescribed sentences for criminal violators or to carry out the sentence of the court. 2.…

    • 569 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Criminal justice is often centered around simple punishment for the offender. In a situation where a crime creates harm, justice is often synonymous with revenge. Restorative justice and rehabilitative therapy are two different approaches to justice that offer different perspectives and understanding of reconciliation. Both of these approaches allow for healing but the two different theories complete this objective in different ways. Restorative justice and rehabilitative therapy offer different in depth lenses of reconciliation in criminal justice through multi layered perspectives, while also sharing some concepts.…

    • 1016 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Restorative Justice Case Study

    • 1522 Words
    • 7 Pages
    • 18 Works Cited

    Introduction: Restorative justice is the idea that harm caused by a crime can be repaired (Wallis, 2007) and that the victim and community can be restored to how it was previously, rather than resorting to punishing the offender…

    • 1522 Words
    • 7 Pages
    • 18 Works Cited
    Great Essays
  • Improved Essays

    Restorative justice is a simple but complicated term that possesses the powerful meaning. It encompasses a peaceful approaches to harm, conflict resolution, and violations of criminal justice and human rights( ). Rather than heavily relying on the law, restorative justice allows people, including victim, offender, affected members of community to engage in search of possible solutions that promote reconciliation, rebuilding, and repair of relationships(Gibert et al, 2013). Thus, general goal of the restorative justice is to repair, restore, rebuild the relationship between not only the victim and offender but including every individual in our…

    • 1164 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Battered Women’s Syndrome Battered Women Syndrome, also known as BWS, is a mental disorder that develops in victims of domestic violence as a result of serious, long-term abuse. This syndrome makes the victims who have been abused to be depressed and makes them feel that they are not capable of leaving the abusive relationship. Battered Women Syndrome was first discovered in the 1970’s by Dr. Lenore Walker. It was found only upon the clinical observations of Dr. Lenore Walker.…

    • 797 Words
    • 4 Pages
    Improved Essays