Exam review for CJ Essay

Restorative Justice, according to Google, is a system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community at large. It does not have a place in our society for several reasons. It is ineffective because it doesn’t punish people, doesn’t change them, and makes the situation even worse in most cases.

Restorative Justice will not make the basic prejudices on our society worse than what they are, however restorative justice should restore synchronization within the community or society as a whole through based on discussion of the offender’s underlying problems and not to reoffend against the victim in particular nor any member of society, and what charges the offender may face if he re-offends “Restorative justice is deliberative justice; it is about people deliberating over the consequences of crimes, and how to deal with them and prevent their recurrence” (Braithwaite, 1998, p. 438).

Lawrence Kohlberg, a developmental psychologist, identified six developmental stages of human moral reasoning. The first stage that he recognized was the Punishment-Obedience Orientation, where the person’s concern is for avoiding punishment through obedience. The second stage was the Instrumental Relativist Orientation, where the person’s concern is to work in their self interest, and better their position. The third stage of moral development was the Good Boy-Nice Girl Orientation, where the person’s concern lies with their reputation. Next was the Law And Order Orientation, where the person was less concerned with their own immediate well being to the maintenance of a larger society. The fifth stage was the Social Contract

Restorative justice is defined as “using humanistic, no punitive strategies to right wrongs and restore social harmony” (Siegel, 2008, p. 189). Instead of imposing harsh penalties on offenders like long prison sentences or even the death penalty, restorative justice calls for a more rehabilitative approach, such as reconciliation and offender assistance.

Natural law is a concept with a long history dating back to the Greco-Roman philosophers. Despite some variations among philosophers one point of agreement was understood as “that process in nature by which human beings, through the use of sound reason, were able to perceive what was morally right

What is restorative justice? Restorative justice is when youths that were affected by an incident choose to repair the damage that they committed, restore trust, and find a place in the community in which they can fit into society. Not only that, but one of their main focus is to build respectful relationships that can be noticed by everyone (Murthy, 2016, para. 2). The restorative justice approach shares three goals. These three goals are known as accountability, competency, and public safety. Accountability is responsible for making amends and reestablishes the losses to victims and communities. The purpose of accountability is not to obey a curfew, attending counseling, having interaction with a probation officer, or evade the usage of drugs. The full meaning of restorative justice is simply to take full responsibility for the actions that were committed (del Carmen & Trulson, 2006, p. 446). The purpose of competency is basically doing something that’s going to value another person. Not doing an illegal crime doesn’t count as a standard for competency. Getting offenders involved in different activities would value the community. Activities that value the community are work, community service, dispute resolution, and community problem solving. All of these activities help rebuild the offender, victim, and of course the community (del Carmen & Trulson. 2006, p. 446). The last one which is public safety helps offenders get more involved within the community through

Common law is created from the customs and precedents set in the country rather than statutes created by Congress. Common law allowed more discretion on behalf of the judges originally, but less room for change down the line. Natural law is the basis for human contact and does not waiver on moral principles. Natural rights are less vague than the law; meaning, natural rights are part of a person. You cannot be a person if you give up your natural rights, these rights are inalienable, and are the rights referred to in the Declaration of Independence. Legal positivism emphasizes the belief that law is synonymous with positive norms. The norms of legal positivism are created through common law. Legal positivism also argues that the legality of an issue does not settle the morality of issues; legality is always separate from

Lawrence Kohlberg is known for his theory of moral development developed in 1958. His theory was dependent on the thinking of Swiss psychologist Jean Piaget and American philosopher John Dewey. It consists of three levels of moral reasoning: preconventional, conventional, and postconventional. These levels are based on the degree to which an individual accommodates to the conventional standards of society. Each level aquires two stages that serve as different standards of sophistication in moral reasoning. Overall, Kohlberg affirms that moral development is a process of maturing that emerges from thinking about about moral issues (“Kohlberg’s Moral Development”).

Restorative justice is a system of criminal justice that emphasizes the rehabilitation of offenders through mending ties with the victims and the community. A better explanation of restorative justice is a theory of justice that emphasizes repairing the harm caused by criminal behavior. It is best accomplished through cooperative processes that include everyone involved. This can lead to transformation of people, relationships and communities.

Restorative justice is a system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community at large. Understanding the definition may be really hard to understand, however when we put it in a different form that many can understand it comes down to repair, encounter and transformation. Our book describes restorative justice in three parts as accountability, community protection and competency development (Sieh, 2006).

This is the major difference between positivist and natural law thinkers. Natural law is the combination of laws and morals while legal positivism is the seperation of laws and morals. Legal positivism declares that morality is irrelevant to the identification of what is valid law and that the criteria for the validity of a legal rule or law in a society is that it has the warrant of the sovereign and will be enforced by the sovereign and its agents. Raz, a positivist, stated that ‘the validity of a law can never depend on its morality’ 6 Positive law or positivism is

Restorative justice is a system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community at large. This criminal justice system that restores promotes accountability between parties involved and builds the community through the provision of assistance and respects to victims and anyone involved in the community because crime disrupts lives.

There are already existing restorative practices that are place within the conventional criminal justice system at present namely probation, restitution and community service (Zehr, 1990). Admittedly they are not readily termed restorative justice programs however they are grounded in its theory.

Natural law theorists believe that all law must be morally justified if it can be legitimised as law at all. Legal positivism means the simple contention that it is in no sense a necessary truth that laws reproduce or satisfy certain demands of morality, though in fact they have otherwise done so. (Hart, DATE)

Restorative or Community Justice is a fairly new concept. It is aimed more at repairing damages caused by the crime to the victim(s) and the community involved. In this method the victim lays out conditions for the offender and what is necessary to help repair any losses. The community provides assistance to help restore the offender to the community. Some say that this method can be dangerous and bypasses certain safeguards.