Restorative Model In Criminal Justice

Improved Essays
The final proposal for an alternative to the current punitive model in criminal justice is building a network of community justice centres that are based on principles of restorative justice (McElrea, 2007). This proposal emerged from the report Restorative Justice – The Long View by Judge Fred McElrea in 2007. In 1990, McElrea was appointed as a youth court judge in the first year of operation of the new youth justice system (McElrea, 2011). In addition to working in the adult district court, McElrea was able to compare the two processes from the experience and knowledge gained in the youth and adult court. At the time, restorative justice principles became paramount in shaping the way the youth court system works (McElrea, 2011). This …show more content…
This report outlines four important aspects of the youth system that can help inform a different approach to adult offenders in the criminal justice system. The aspects of diversion, comprehensive reach, family community knowledge, and alternatives to custody, feed directly in the proposal of change to the adult system by establishing community justice centres (McElrea, 2011).

Restorative justice and family group conferences are known as ‘diversionary conferences’, from the way in which they were able to divert young people away from the formal system (McElrea, 2007). These conferences are a default option for youth – aimed to bring the victim, offender, and their families together to develop a plan that can help the young offender avoid formal prosecution (McElrea, 2007). Over the last ten years, almost half of family group conferences do not follow or precede a court appearance by the young offender (McElrea, 2011). Thus, conferencing is a powerful mechanism in the diversion of courts. Other
…show more content…
The expansion of the adult system will need to operate in a non-court setting (McElrea, 2007). This is what the community justice centres will provide. These centres would set in places of citizen advice bureaus to integrate community knowledge (McElrea, 2007). It will use the proven New Zealand model of restorative justice, which will be based on the expansion of diversionary conferences for the use among adults (McElrea, 2007). The essential concept is for diversion to operate on a much broader system than youth justice, and for the meetings to end with an agreed plan by the victim, the offender, and community representatives that would avoid the entire court process (McElrea, 2007). Like the youth system, there needs to be a comprehensive reach that deals with a range of offences – not limited to first offences or minor charges (McElrea, 2007). In contrast to the court systems, these centres will have no gate-keepers and the service is available for anyone to use, given that participation is voluntary (McElrea, 2007). At the same time, the centres would be linked to the formal system in which, any agreement resulting from these conferences could be enforced in court (McElrea, 2007). Furthermore, the report proposes to build complexes that link together other community support services overtime, such as victims support (McElrea, 2007). The

Related Documents

  • Improved Essays

    As part of a restorative justice process, these individuals returning to the community will now receive mentoring, case management, support groups and assistance finding employment. As they become productive members of society, the probability of re-offense diminishes and the communities public safety is enhanced. It is easy to voice opposition to this program and anti-judicial voices think that not building modern jail facilities will reduce the number of inmates. They are wrong. Dealing with the individuals in a compassionate, comprehensive and fair way is progressive in the way Dutchess county is…

    • 915 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    In the case of group conferences organized by the Community Restorative Justice program, adults are acknowledged as people with strengths rather than criminals. As mentioned in the year-end report for 2014, the program “enables adults to recover from shame and embarrassment, grow from new perspectives, and from there reintegrate with better self-esteem, reducing the likelihood of re-offense (“Reports,” n.d.). The victims are not affected by the systemic domination of the criminal courts, but are given the opportunity to have a respectful conversation with the offenders about the incident and its impact. The situation is similar for juvenile offenders, for they voluntarily get together in peace-making circles with the offender and members of the community to talk about a responsible way to repair the harm that was done. They address large issues such as bullying, peer assault, and the illegal position of drugs and weapons.…

    • 1601 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    The report by the Sentencing Advisory Council (2015) argues that the rehabilitation of juveniles on the grounds of the welfare approach endorses the community’s abiding interests in potential positive behaviour reconstruction. In Webster (A Pseudonym) v The Queen [2016] VSCA 66 case, it was raised research regarding the developmental process and maturity of children deemed as a medium for providing access to rehabilitation, which, therefore, contributed to the minimisation of the risk of recidivism. Fatouros (2016, p. 14) argues that this approach is especially beneficial for young individuals as it will lead to fewer adult offenders and a safer community. Ascani (2012, p. 80) explains that due to the stigmatisation experienced by young people whilst developing their identity, it can result in issues with employment and social networks, which ultimately increases the likelihood of re-offending. Thus, preserving the relationship with families and external factors during childhood can benefit the development of young individuals socially without having the label of criminal offenders attached to them (Asani 2012, p. 80)…

    • 1632 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Literature review Amending the youth criminal justice act, 2007-2012 Dynamics and contingencies Rehabilitation of young offenders Mann, R. M. article "Amending the youth criminal justice act, 2007-2012 Dynamics and contingencies", focuses on protecting the public and holding teens responsible for their actions. It gives a brief understanding about how the Youth Criminal Justice Act aims to divert minors away from the courts. To add this article provides a wide range of rehabilitation methods for young offenders such as interventions. It mentions how the Youth Criminal Justice Act was amended in 2007. The government wanted stricter laws to hold teens accountable for their crimes.…

    • 705 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    One of the major goals of any justice system that values restoration is to reduce its recidivism rate to the lowest possible level through personal transformation. National research clearly shows that placing juveniles in the adult justice system does not reduce recidivism levels and actually causes higher levels of subsequent crime. A Centers for Disease Control (CDC) study shows that placing youth in the adult justice system leads to a thirty-four percent increase in recidivism and a seventy-seven percent increase in the…

    • 789 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Envision yourself as a fourteen-year-old sitting in a secluded prison for merely disregarding your C-train ticket once in your life. Before the Youth Criminal Justice Act, unreasonable consequences were thrown at you after only committing a minor offence by accident. That’s how important the Youth Criminal Justice Act is; it addresses youth crime in a fair and equitable manner. Since the introduction of the Youth Criminal Justice Act in 2003, we have seen the youth crime rate lower, youth are getting second chances to reintegrate and are receiving more meaningful consequences. Youth face hardships and encounter difficult situations in their teenage years, the YCJA opens opportunities for young offenders in a supportive environment.…

    • 683 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Overcrowded Adult Prisons

    • 208 Words
    • 1 Pages

    Across the globe correction facilities are overcrowded with adult offenders who account for the majority of criminal activities. Some of these individuals could probably benefit from restorative justice programs, however, community-based corrections will be the best solution for critically overcrowded adult jails and prisons. These institutions at some point will have no choice but to release nonviolent offenders on probation and parole. This is why restorative programs are put in place structured for reducing juvenile recidivism keeping them out of the adult prison population. Juveniles are still growing and have a chance in life if they were guided down the right path, however, in today’s society there are so many youth who are dealing with…

    • 208 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    In certain states the rights of the victim have been so clearly heard that sentencing focus strongly on the restoration and making whole again aspect of the criminal justice process. The concept is “Restorative Justice” (FAMM - Families Against Mandatory Minimums. (07/2011) in which goals are set forth involving victim restitution, victim-offender mediation programs, community service, and conditions of probation. In conclusion the involvement of the victim has become an integrate part of the court system, in the sentencing and the rehabilitation of the…

    • 457 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Examine the underlying historical and economic reasons behind the quest for alternatives to incarcerating offenders in jails and prisons. In the past 30 years of community corrections has become a substantial part of the correctional system, The search for alternatives to incarceration has,been a bit of a challenge. In the 1950s, national attention was focussed on the development of alternative, community-based correctional services. In the early stages of the community corrections movement, local institutions, residential centres, group homes and specialized probation services were promoted as alternatives to incarceration In the 1960s and 1970s, alternatives to incarceration became an even greater fascination for criminal justice planners…

    • 719 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The prevention and reduction of recidivism rates can be achieved through Adult Diversion Programs where individualized intervention programs are developed by Diversion Program Specialists. “Diversion programs function to ameliorate the problem of overcrowded courts and jails, reduce overall costs to society and treat nonviolent offenders with health care instead of incarceration” (Morrison, 2013). First time non-violent offenders are then facilitated with and required to complete offense specific programs and generalized programs. These generalized programs target the procurement of education, employment, treatment and counseling while also promoting restitution through community service and payment to victim(s). The benefits of diversion programs are wide spread with the rehabilitation of offenders by giving them a second chance and its cost effective reduction of caseloads for the Criminal Justice…

    • 761 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Juvenile In Adult Prisons

    • 313 Words
    • 2 Pages

    Everyday more and more juveniles are placed in adult prisons and pay the price for their actions, but sometimes this is not always the case. “Around 250,000 youth are tried, sentenced or incarcerated as adults in the United States every year. On any given day, around 10,000 juveniles are housed in adult jails and prisons – 7,500 in jails and 2,700 in prisons, respectively” (Curley). When juveniles are put in adult prisons it is merely to make their sentence harder on them, but because of most juveniles not be separated from adults they suffer mental and physical abuse. “The National Prison Rape Elimination Commission described their fate in blunt terms in a 2009 report: “More than any other group of incarcerated persons, youth incarcerated…

    • 313 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Around 100 years ago, the juvenile justice system was established in order to divert youthful offenders from the courts harsh punishments which has long lasting effects. The juvenile justice system focused and encouraged rehabilitation based on a juveniles individual needs. This system created for minors was to differ from those of the adult courts in a number of ways. Instead of focusing on the criminal act that had brought the juvenile offender into the court room in the first place, this system was designed to focus on the minor or juvenile as a person who was in need of assistance.…

    • 774 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Author Marg Armstrong's paper Restorative Justice: An International Perspective gives readers a more thorough idea on what the Youth Justice System in Porto Alegre's focus is on, which is that the "response to criminal behaviour focuses not only on the offender and the offense, but also peacemaking, dispute resolution and rebuilding relationships, which are viewed as the primary methods for achieving justice and supporting the victim, the offender and for the interests of the community (Armstrong, P.2). " The author also mentions in the UN Handbook of Restorative Justice Programmes, the Youth Justice System offers "peer mediation, peacemaking circles, and community conferencing," and gives youth offenders a more desirable alternative to becoming "the object of a formal criminal justice intervention (Armstrong,…

    • 725 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    Jackson and Bonacker (2006) note the evolving use of restorative justice in victim services. "The goal of restorative justice is to create conditions whereby the victim or representatives can dialogue with offenders in order to repair the harm or resolve the conflict" (Jackson and Bonacker, 2006, p. 302). The most effective ways to implement this, as explained by Jackson and Bonacker (2006), are through victim impact statements, victim impact panels, and victim impact training. The level of involvement by probation officers is rapidly progressing as this new role combines offender supervision with restorative justice. Jackson and Bonacker (2006) suggest the importance of restorative justice when discussing victim services because it recognizes…

    • 792 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Restorative Justice Case Study

    • 1522 Words
    • 7 Pages
    • 18 Works Cited

    Furthermore, the Home Office research showed a small positive effect on recidivism. Zernova (2007) also argues that restorative reforms could produce various benefits for victims, offenders, their communities and society in general. With all of these factors working in favour for the restorative justice system, it is clear to see how this may transform public debate over crime and justice: this new way of punishment not only sees the offender being punished for their crime but also allows for the victim to benefit from the outcome as…

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