Restorative Justice Essay
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Restorative Justice Essay
The idea of restorative justice is based on repairing the damage caused by crime. The community and victim can be restored the way they were present previously instead of giving punishment to the offender ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"rEGcpYjp","properties":{"formattedCitation":"(Coker, 2006)","plainCitation":"(Coker, 2006)","noteIndex":0},"citationItems":[{"id":579,"uris":["http://zotero.org/users/local/vDOrLj7p/items/RGNQJ7Q5"],"uri":["http://zotero.org/users/local/vDOrLj7p/items/RGNQJ7Q5"],"itemData":{"id":579,"type":"article-journal","abstract":"I argue that RJ processes may be beneficial for some women who experience domestic violence, but only if those processes meet five criteria: prioritize victim safety over batterer rehabilitation; offer material as well as social supports for victims; work as part of a coordinated community response; engage normative judgments that oppose gendered domination as well as violence; and do not make forgiveness a goal of the process. I review my earlier study of Navajo Peacemaking in light of these criteria. I also explore the significant differences between Peacemaking and other processes that are said to be derived from Indigenous justice models, noting in particular that the process is completely controlled by the Navajo Nation.","container-title":"Theoretical Criminology","DOI":"10.1177/1362480606059983","ISSN":"1362-4806","issue":"1","journalAbbreviation":"Theoretical Criminology","language":"en","page":"67-85","source":"SAGE Journals","title":"Restorative justice, Navajo Peacemaking and domestic violence","volume":"10","author":[{"family":"Coker","given":"Donna"}],"issued":{"date-parts":[["2006",2,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Coker, 2006). However, today’s justice system is based on retributive justice rather than restorative justice in which lawbreakers are punished based on their crimes. They are treated in the same way as they harmed the victim. Restorative justice is observed as the transformed social practice which can end the cruel criminal punishments. But it is also argued by Ashworth that restorative justice is good for bringing back the desired changes in behavior ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"xNKV2ghj","properties":{"formattedCitation":"(Wolff, 1994)","plainCitation":"(Wolff, 1994)","noteIndex":0},"citationItems":[{"id":583,"uris":["http://zotero.org/users/local/vDOrLj7p/items/XJZESQ4H"],"uri":["http://zotero.org/users/local/vDOrLj7p/items/XJZESQ4H"],"itemData":{"id":583,"type":"article-journal","container-title":"St. Thomas Law Review","journalAbbreviation":"St. Thomas L. Rev.","page":"761","title":"Spirituality, Culture and Tradition: An Introduction to the Role of Tribal Courts and Councils in Reclaiming Native American Heritage and Sovereignty","title-short":"Spirituality, Culture and Tradition","volume":"7","author":[{"family":"Wolff","given":"Mark J."}],"issued":{"date-parts":[["1994"]],"season":"1995"}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Wolff, 1994). It is also observed that restorative justice not only focuses on the community and victim but it also helps the offender to behave in a better way hence reducing the chances that the offender will commit the crime again. Although the current justice system is based on retributive concept which gives punishment to criminals ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"LXvA2gxw","properties":{"formattedCitation":"(Zehr, 2015)","plainCitation":"(Zehr, 2015)","noteIndex":0},"citationItems":[{"id":590,"uris":["http://zotero.org/users/local/vDOrLj7p/items/WGCX9ZYQ"],"uri":["http://zotero.org/users/local/vDOrLj7p/items/WGCX9ZYQ"],"itemData":{"id":590,"type":"book","abstract":"Howard Zehr is the father of Restorative Justice and is known worldwide for his pioneering work in transforming understandings of justice. Here he proposes workable principles and practices for making Restorative Justice possible in this revised and updated edition of his bestselling, seminal book on the movement. (The original edition has sold more than 110,000 copies.)Restorative Justice, with its emphasis on identifying the justice needs of everyone involved in a crime, is a worldwide movement of growing influence that is helping victims and communities heal, while holding criminals accountable for their actions.This is not soft-on-crime, feel-good philosophy, but rather a concrete effort to bring justice and healing to everyone involved in a crime. In The Little Book of Restorative Justice, Zehr first explores how restorative justice is different from criminal justice. Then, before letting those appealing observations drift out of reach into theoretical space, Zehr presents Restorative Justice practices. Zehr undertakes a massive and complex subject and puts it in graspable from, without reducing or trivializing it.This resource is also suitable for academic classes and workshops, for conferences and trainings, as well as for the layperson interested in understanding this innovative and influential movement.","ISBN":"978-1-68099-378-3","language":"en","note":"Google-Books-ID: 3JvjtAEACAAJ","number-of-pages":"112","publisher":"Good Books","source":"Google Books","title":"The Little Book of Restorative Justice: Revised and Updated","title-short":"The Little Book of Restorative Justice","author":[{"family":"Zehr","given":"Howard"}],"issued":{"date-parts":[["2015",5,5]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Zehr, 2015). People are more inclined towards the restorative approach as compared to the retributive approach. This approach shows several proven benefits in which the victim has the chance to meet with their offender ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"6kFjIvks","properties":{"formattedCitation":"(Coker, 2006)","plainCitation":"(Coker, 2006)","noteIndex":0},"citationItems":[{"id":579,"uris":["http://zotero.org/users/local/vDOrLj7p/items/RGNQJ7Q5"],"uri":["http://zotero.org/users/local/vDOrLj7p/items/RGNQJ7Q5"],"itemData":{"id":579,"type":"article-journal","abstract":"I argue that RJ processes may be beneficial for some women who experience domestic violence, but only if those processes meet five criteria: prioritize victim safety over batterer rehabilitation; offer material as well as social supports for victims; work as part of a coordinated community response; engage normative judgments that oppose gendered domination as well as violence; and do not make forgiveness a goal of the process. I review my earlier study of Navajo Peacemaking in light of these criteria. I also explore the significant differences between Peacemaking and other processes that are said to be derived from Indigenous justice models, noting in particular that the process is completely controlled by the Navajo Nation.","container-title":"Theoretical Criminology","DOI":"10.1177/1362480606059983","ISSN":"1362-4806","issue":"1","journalAbbreviation":"Theoretical Criminology","language":"en","page":"67-85","source":"SAGE Journals","title":"Restorative justice, Navajo Peacemaking and domestic violence","volume":"10","author":[{"family":"Coker","given":"Donna"}],"issued":{"date-parts":[["2006",2,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Coker, 2006).
Anglo, Vertical Justice
The tribal courts depend on the legal model of Anglo-Americans. Such courts handle criminal, traffic, civil, juvenile, and domestic matters ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"2SCIsDeZ","properties":{"formattedCitation":"(Arsenault, 1999)","plainCitation":"(Arsenault, 1999)","noteIndex":0},"citationItems":[{"id":581,"uris":["http://zotero.org/users/local/vDOrLj7p/items/ER94ZHKX"],"uri":["http://zotero.org/users/local/vDOrLj7p/items/ER94ZHKX"],"itemData":{"id":581,"type":"article-journal","container-title":"Ohio State Journal on Dispute Resolution","journalAbbreviation":"Ohio St. J. on Disp. Resol.","page":"795","title":"The Great Excavation: Discovering Navajo Tribal Peacemaking within the Anglo-American Family System","title-short":"The Great Excavation","volume":"15","author":[{"family":"Arsenault","given":"Laurie A."}],"issued":{"date-parts":[["1999"]],"season":"2000"}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Arsenault, 1999). For example, the disputes of land can be handled through various communities of Pueblo through community and family forums. It is believed by various Americans that justice must be administered while the law is something to be implemented ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"lifboBDC","properties":{"formattedCitation":"(Arsenault, 1999)","plainCitation":"(Arsenault, 1999)","noteIndex":0},"citationItems":[{"id":581,"uris":["http://zotero.org/users/local/vDOrLj7p/items/ER94ZHKX"],"uri":["http://zotero.org/users/local/vDOrLj7p/items/ER94ZHKX"],"itemData":{"id":581,"type":"article-journal","container-title":"Ohio State Journal on Dispute Resolution","journalAbbreviation":"Ohio St. J. on Disp. Resol.","page":"795","title":"The Great Excavation: Discovering Navajo Tribal Peacemaking within the Anglo-American Family System","title-short":"The Great Excavation","volume":"15","author":[{"family":"Arsenault","given":"Laurie A."}],"issued":{"date-parts":[["1999"]],"season":"2000"}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Arsenault, 1999). However, it is observed that the tribal courts obey the legal system of Anglo America and they are still stuck to their traditional values. It was required for tribes to participate in the legal system of Anglo Americans for the protection of people and lands ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"XMQWZcCU","properties":{"formattedCitation":"(Wolff, 1994)","plainCitation":"(Wolff, 1994)","noteIndex":0},"citationItems":[{"id":583,"uris":["http://zotero.org/users/local/vDOrLj7p/items/XJZESQ4H"],"uri":["http://zotero.org/users/local/vDOrLj7p/items/XJZESQ4H"],"itemData":{"id":583,"type":"article-journal","container-title":"St. Thomas Law Review","journalAbbreviation":"St. Thomas L. Rev.","page":"761","title":"Spirituality, Culture and Tradition: An Introduction to the Role of Tribal Courts and Councils in Reclaiming Native American Heritage and Sovereignty","title-short":"Spirituality, Culture and Tradition","volume":"7","author":[{"family":"Wolff","given":"Mark J."}],"issued":{"date-parts":[["1994"]],"season":"1995"}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Wolff, 1994). This system was imposed on them by the federal governments for preventing their efforts in tribes’ conversion. The people who are culturally different are extremely sensitive towards discrimination as being different gives less positive experiences in the dominantly white or Anglo world ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"lc8FREsn","properties":{"formattedCitation":"(Coker, 2006)","plainCitation":"(Coker, 2006)","noteIndex":0},"citationItems":[{"id":579,"uris":["http://zotero.org/users/local/vDOrLj7p/items/RGNQJ7Q5"],"uri":["http://zotero.org/users/local/vDOrLj7p/items/RGNQJ7Q5"],"itemData":{"id":579,"type":"article-journal","abstract":"I argue that RJ processes may be beneficial for some women who experience domestic violence, but only if those processes meet five criteria: prioritize victim safety over batterer rehabilitation; offer material as well as social supports for victims; work as part of a coordinated community response; engage normative judgments that oppose gendered domination as well as violence; and do not make forgiveness a goal of the process. I review my earlier study of Navajo Peacemaking in light of these criteria. I also explore the significant differences between Peacemaking and other processes that are said to be derived from Indigenous justice models, noting in particular that the process is completely controlled by the Navajo Nation.","container-title":"Theoretical Criminology","DOI":"10.1177/1362480606059983","ISSN":"1362-4806","issue":"1","journalAbbreviation":"Theoretical Criminology","language":"en","page":"67-85","source":"SAGE Journals","title":"Restorative justice, Navajo Peacemaking and domestic violence","volume":"10","author":[{"family":"Coker","given":"Donna"}],"issued":{"date-parts":[["2006",2,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Coker, 2006).
The system of ‘vertical’ justice is the one that relies on power and hierarchies. In which Jude preside, jurors, lawyers, and all the participant of court proceeding. The system of justice utilizes rank as well as coercive powers which went with status or ranks for addressing the conflicts ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"fbq9eXPD","properties":{"formattedCitation":"(Arsenault, 1999)","plainCitation":"(Arsenault, 1999)","noteIndex":0},"citationItems":[{"id":581,"uris":["http://zotero.org/users/local/vDOrLj7p/items/ER94ZHKX"],"uri":["http://zotero.org/users/local/vDOrLj7p/items/ER94ZHKX"],"itemData":{"id":581,"type":"article-journal","container-title":"Ohio State Journal on Dispute Resolution","journalAbbreviation":"Ohio St. J. on Disp. Resol.","page":"795","title":"The Great Excavation: Discovering Navajo Tribal Peacemaking within the Anglo-American Family System","title-short":"The Great Excavation","volume":"15","author":[{"family":"Arsenault","given":"Laurie A."}],"issued":{"date-parts":[["1999"]],"season":"2000"}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Arsenault, 1999). The ‘solidarity’ term is crucial for both Navajo understanding i.e. justice and healing. It also rejects the process of personal conviction and also favors the methodologies that utilize solidarity for restoring good relations among people ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"6OTQV8h1","properties":{"formattedCitation":"(Arsenault, 1999)","plainCitation":"(Arsenault, 1999)","noteIndex":0},"citationItems":[{"id":581,"uris":["http://zotero.org/users/local/vDOrLj7p/items/ER94ZHKX"],"uri":["http://zotero.org/users/local/vDOrLj7p/items/ER94ZHKX"],"itemData":{"id":581,"type":"article-journal","container-title":"Ohio State Journal on Dispute Resolution","journalAbbreviation":"Ohio St. J. on Disp. Resol.","page":"795","title":"The Great Excavation: Discovering Navajo Tribal Peacemaking within the Anglo-American Family System","title-short":"The Great Excavation","volume":"15","author":[{"family":"Arsenault","given":"Laurie A."}],"issued":{"date-parts":[["1999"]],"season":"2000"}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Arsenault, 1999). It also helps in restoring good relations with oneself. The Navajo Court of Peacemaker is considered as the modern and legal institution which utilizes the dispute relations of the traditional community in the court that depends on the model of vertical justice.
Navajo, Horizontal Justice
In the model of horizontal justice, no person is superior to the other person. Indians usually portray this graphically by circle, as it has no left or right and no end or start. Every person or point on the circle looks at the same center to focus. Through this circle, Navajo justice is symbolized ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"GyK3U833","properties":{"formattedCitation":"(\\uc0\\u8220{}Life Comes From It,\\uc0\\u8221{} n.d.)","plainCitation":"(“Life Comes From It,” n.d.)","noteIndex":0},"citationItems":[{"id":585,"uris":["http://zotero.org/users/local/vDOrLj7p/items/HKWG2ZZ4"],"uri":["http://zotero.org/users/local/vDOrLj7p/items/HKWG2ZZ4"],"itemData":{"id":585,"type":"webpage","abstract":"\"The Navajo word for \"law\" is beehaz-aanii. It means something fundamental and absolute, something that has existed from the beginning of time...It's the source of a healthy, meaningful life. Navajos say that \"life comes from beehaz-aanii,\" because it is the essence of life. Imagine a system of law that permits anyone to say anything they like during the course of a dispute, and no authority figure has to determine what is \"true.\" Think of a system with an end goal of restorative justice, which uses equality and the full participation of disputants in a final decision. If we say of law that \"life comes from it,\" then where there is hurt, there must be healing.\" Former Chief Justice of the Navajo Nation shares more in this powerful piece.","language":"English","title":"Life Comes From It: Navajo justice, by Chief Justice Robert Yazzie","title-short":"Life Comes From It","URL":"http://www.dailygood.org/story/1327/life-comes-from-it-navajo-justice-chief-justice-robert-yazzie/","accessed":{"date-parts":[["2019",12,5]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (“Life Comes From It,” n.d.). The circle defines oneness and unity as it is unbroken and perfect. The law according to Navajo is absolute and fundamental as it is the source for a meaningful and healthy life. Suppose a system in which everyone has the authority to give their opinion during the dispute course and nobody has the authority to identify what is right. This the system which end goal is to provide restorative justice that gives equality and the right of full participation to the disputant while making the final decisions.
The Peacemaker Courts of Navajo are the reconciling means for vertical and horizontal justice through utilizing the legal values of traditional Navajo ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"6vvdwTsR","properties":{"formattedCitation":"(Zehr, 2015)","plainCitation":"(Zehr, 2015)","noteIndex":0},"citationItems":[{"id":590,"uris":["http://zotero.org/users/local/vDOrLj7p/items/WGCX9ZYQ"],"uri":["http://zotero.org/users/local/vDOrLj7p/items/WGCX9ZYQ"],"itemData":{"id":590,"type":"book","abstract":"Howard Zehr is the father of Restorative Justice and is known worldwide for his pioneering work in transforming understandings of justice. Here he proposes workable principles and practices for making Restorative Justice possible in this revised and updated edition of his bestselling, seminal book on the movement. (The original edition has sold more than 110,000 copies.)Restorative Justice, with its emphasis on identifying the justice needs of everyone involved in a crime, is a worldwide movement of growing influence that is helping victims and communities heal, while holding criminals accountable for their actions.This is not soft-on-crime, feel-good philosophy, but rather a concrete effort to bring justice and healing to everyone involved in a crime. In The Little Book of Restorative Justice, Zehr first explores how restorative justice is different from criminal justice. Then, before letting those appealing observations drift out of reach into theoretical space, Zehr presents Restorative Justice practices. Zehr undertakes a massive and complex subject and puts it in graspable from, without reducing or trivializing it.This resource is also suitable for academic classes and workshops, for conferences and trainings, as well as for the layperson interested in understanding this innovative and influential movement.","ISBN":"978-1-68099-378-3","language":"en","note":"Google-Books-ID: 3JvjtAEACAAJ","number-of-pages":"112","publisher":"Good Books","source":"Google Books","title":"The Little Book of Restorative Justice: Revised and Updated","title-short":"The Little Book of Restorative Justice","author":[{"family":"Zehr","given":"Howard"}],"issued":{"date-parts":[["2015",5,5]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Zehr, 2015). These courts help judges to stay away from discontent and adjudication which caused by referring local communities cases that can be resolved through discussions.
Adversarial Justice
The essence of restorative justice is not based on reconciliation and forgiveness. There are some victims and their advocates who behave negatively towards this system ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"BgHpo6JT","properties":{"formattedCitation":"(Kohen, 2009)","plainCitation":"(Kohen, 2009)","noteIndex":0},"citationItems":[{"id":587,"uris":["http://zotero.org/users/local/vDOrLj7p/items/YJK9FQ3H"],"uri":["http://zotero.org/users/local/vDOrLj7p/items/YJK9FQ3H"],"itemData":{"id":587,"type":"article-journal","abstract":"At the center of this paper are three questions: in the absence of a religious worldview, can one gain access to the concepts of forgiveness and reconciliation, can reconciliation be achieved in the absence of forgiveness or does the former depend in some way upon the latter, and can we make sense of a restorative approach to justice in the absence of either forgiveness or reconciliation? To answer these questions, I look closely at the concept of forgiveness in the first section of this article with the goals of disentangling it from its religious undertones and emphasizing its importance to the very concept of restorative justice. Drawing on both theoretical work and practical examples, I argue that forgiveness is not necessarily a religious concept – contrary to common perception – and that, contra Zehr, it is a foundational component of restorative justice. Having considered this first problem, I turn – in the second section – to a discussion of the concept of reconciliation, arguing that personal and political reconciliation must be separated from one another and from the concept of forgiveness. Ultimately, I conclude that forgiveness and reconciliation are quite different concepts, that the latter relies on the former, and that the latter is a goal rather than a necessary component of restorative justice. Drawing largely on the work of Hannah Arendt, Susan Dwyer, Trudy Govier, and Howard Zehr, as well as discussions with members of Murder Victims’ Families for Reconciliation, I argue that political reconciliation between groups can be achieved in the absence of personal reconciliation between individual victims and perpetrators in those groups. Further, I demonstrate that restorative practices open up the possibility of both types of reconciliation, but that they are ultimately founded only on the principle of forgiveness.","container-title":"Critical Review of International Social and Political Philosophy","DOI":"10.1080/13698230903127911","journalAbbreviation":"Critical Review of International Social and Political Philosophy","page":"399-423","source":"ResearchGate","title":"The Personal and the Political: Forgiveness and Reconciliation in Restorative Justice","title-short":"The Personal and the Political","volume":"12","author":[{"family":"Kohen","given":"Ari"}],"issued":{"date-parts":[["2009",9,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Kohen, 2009). As they believe that the major goal of this system is to encourage coerce and force reconciliation with the offender. In actual, this is not the primary goal of restorative justice although it is true that this system of justice provides a context in which this can happen ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"H3sYSv0x","properties":{"formattedCitation":"(Kohen, 2009)","plainCitation":"(Kohen, 2009)","noteIndex":0},"citationItems":[{"id":587,"uris":["http://zotero.org/users/local/vDOrLj7p/items/YJK9FQ3H"],"uri":["http://zotero.org/users/local/vDOrLj7p/items/YJK9FQ3H"],"itemData":{"id":587,"type":"article-journal","abstract":"At the center of this paper are three questions: in the absence of a religious worldview, can one gain access to the concepts of forgiveness and reconciliation, can reconciliation be achieved in the absence of forgiveness or does the former depend in some way upon the latter, and can we make sense of a restorative approach to justice in the absence of either forgiveness or reconciliation? To answer these questions, I look closely at the concept of forgiveness in the first section of this article with the goals of disentangling it from its religious undertones and emphasizing its importance to the very concept of restorative justice. Drawing on both theoretical work and practical examples, I argue that forgiveness is not necessarily a religious concept – contrary to common perception – and that, contra Zehr, it is a foundational component of restorative justice. Having considered this first problem, I turn – in the second section – to a discussion of the concept of reconciliation, arguing that personal and political reconciliation must be separated from one another and from the concept of forgiveness. Ultimately, I conclude that forgiveness and reconciliation are quite different concepts, that the latter relies on the former, and that the latter is a goal rather than a necessary component of restorative justice. Drawing largely on the work of Hannah Arendt, Susan Dwyer, Trudy Govier, and Howard Zehr, as well as discussions with members of Murder Victims’ Families for Reconciliation, I argue that political reconciliation between groups can be achieved in the absence of personal reconciliation between individual victims and perpetrators in those groups. Further, I demonstrate that restorative practices open up the possibility of both types of reconciliation, but that they are ultimately founded only on the principle of forgiveness.","container-title":"Critical Review of International Social and Political Philosophy","DOI":"10.1080/13698230903127911","journalAbbreviation":"Critical Review of International Social and Political Philosophy","page":"399-423","source":"ResearchGate","title":"The Personal and the Political: Forgiveness and Reconciliation in Restorative Justice","title-short":"The Personal and the Political","volume":"12","author":[{"family":"Kohen","given":"Ari"}],"issued":{"date-parts":[["2009",9,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Kohen, 2009). As in some cases, reconciliation and forgiveness occur frequently as compared to the adversarial system of criminal justice. The system of criminal justice is based on the concerns related to the accountability of offenders although it ensures that the offender must experience the punishments they deserve ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"NPd26kCw","properties":{"formattedCitation":"(Kohen, 2009)","plainCitation":"(Kohen, 2009)","noteIndex":0},"citationItems":[{"id":587,"uris":["http://zotero.org/users/local/vDOrLj7p/items/YJK9FQ3H"],"uri":["http://zotero.org/users/local/vDOrLj7p/items/YJK9FQ3H"],"itemData":{"id":587,"type":"article-journal","abstract":"At the center of this paper are three questions: in the absence of a religious worldview, can one gain access to the concepts of forgiveness and reconciliation, can reconciliation be achieved in the absence of forgiveness or does the former depend in some way upon the latter, and can we make sense of a restorative approach to justice in the absence of either forgiveness or reconciliation? To answer these questions, I look closely at the concept of forgiveness in the first section of this article with the goals of disentangling it from its religious undertones and emphasizing its importance to the very concept of restorative justice. Drawing on both theoretical work and practical examples, I argue that forgiveness is not necessarily a religious concept – contrary to common perception – and that, contra Zehr, it is a foundational component of restorative justice. Having considered this first problem, I turn – in the second section – to a discussion of the concept of reconciliation, arguing that personal and political reconciliation must be separated from one another and from the concept of forgiveness. Ultimately, I conclude that forgiveness and reconciliation are quite different concepts, that the latter relies on the former, and that the latter is a goal rather than a necessary component of restorative justice. Drawing largely on the work of Hannah Arendt, Susan Dwyer, Trudy Govier, and Howard Zehr, as well as discussions with members of Murder Victims’ Families for Reconciliation, I argue that political reconciliation between groups can be achieved in the absence of personal reconciliation between individual victims and perpetrators in those groups. Further, I demonstrate that restorative practices open up the possibility of both types of reconciliation, but that they are ultimately founded only on the principle of forgiveness.","container-title":"Critical Review of International Social and Political Philosophy","DOI":"10.1080/13698230903127911","journalAbbreviation":"Critical Review of International Social and Political Philosophy","page":"399-423","source":"ResearchGate","title":"The Personal and the Political: Forgiveness and Reconciliation in Restorative Justice","title-short":"The Personal and the Political","volume":"12","author":[{"family":"Kohen","given":"Ari"}],"issued":{"date-parts":[["2009",9,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Kohen, 2009). This process encourages the offenders that they can understand the consequences of their actions and understand the feelings of the victim. On the other hand, in the adversarial games, it is required that the offender must change their behavior. As mostly offenders are repeatedly acknowledged about their deeds and they have given the least opportunity to behave responsibly in the concrete way ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"VhH6ZyTn","properties":{"formattedCitation":"(Zehr, 2015)","plainCitation":"(Zehr, 2015)","noteIndex":0},"citationItems":[{"id":590,"uris":["http://zotero.org/users/local/vDOrLj7p/items/WGCX9ZYQ"],"uri":["http://zotero.org/users/local/vDOrLj7p/items/WGCX9ZYQ"],"itemData":{"id":590,"type":"book","abstract":"Howard Zehr is the father of Restorative Justice and is known worldwide for his pioneering work in transforming understandings of justice. Here he proposes workable principles and practices for making Restorative Justice possible in this revised and updated edition of his bestselling, seminal book on the movement. (The original edition has sold more than 110,000 copies.)Restorative Justice, with its emphasis on identifying the justice needs of everyone involved in a crime, is a worldwide movement of growing influence that is helping victims and communities heal, while holding criminals accountable for their actions.This is not soft-on-crime, feel-good philosophy, but rather a concrete effort to bring justice and healing to everyone involved in a crime. In The Little Book of Restorative Justice, Zehr first explores how restorative justice is different from criminal justice. Then, before letting those appealing observations drift out of reach into theoretical space, Zehr presents Restorative Justice practices. Zehr undertakes a massive and complex subject and puts it in graspable from, without reducing or trivializing it.This resource is also suitable for academic classes and workshops, for conferences and trainings, as well as for the layperson interested in understanding this innovative and influential movement.","ISBN":"978-1-68099-378-3","language":"en","note":"Google-Books-ID: 3JvjtAEACAAJ","number-of-pages":"112","publisher":"Good Books","source":"Google Books","title":"The Little Book of Restorative Justice: Revised and Updated","title-short":"The Little Book of Restorative Justice","author":[{"family":"Zehr","given":"Howard"}],"issued":{"date-parts":[["2015",5,5]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Zehr, 2015). This is the reason that the offender used to stay away from communities and from those people who hurt them. So, for a variety of reasons such a legal process discourages the offenders.
So, restorative justice provides awareness regarding the negative byproducts and limits of punishment. Although, punishment is not actual accountability as real one based on what the person has done which means that offenders should understand their behavior impact and the harm they did with the other person ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"5TsBikpq","properties":{"formattedCitation":"(Zehr, 2015)","plainCitation":"(Zehr, 2015)","noteIndex":0},"citationItems":[{"id":590,"uris":["http://zotero.org/users/local/vDOrLj7p/items/WGCX9ZYQ"],"uri":["http://zotero.org/users/local/vDOrLj7p/items/WGCX9ZYQ"],"itemData":{"id":590,"type":"book","abstract":"Howard Zehr is the father of Restorative Justice and is known worldwide for his pioneering work in transforming understandings of justice. Here he proposes workable principles and practices for making Restorative Justice possible in this revised and updated edition of his bestselling, seminal book on the movement. (The original edition has sold more than 110,000 copies.)Restorative Justice, with its emphasis on identifying the justice needs of everyone involved in a crime, is a worldwide movement of growing influence that is helping victims and communities heal, while holding criminals accountable for their actions.This is not soft-on-crime, feel-good philosophy, but rather a concrete effort to bring justice and healing to everyone involved in a crime. In The Little Book of Restorative Justice, Zehr first explores how restorative justice is different from criminal justice. Then, before letting those appealing observations drift out of reach into theoretical space, Zehr presents Restorative Justice practices. Zehr undertakes a massive and complex subject and puts it in graspable from, without reducing or trivializing it.This resource is also suitable for academic classes and workshops, for conferences and trainings, as well as for the layperson interested in understanding this innovative and influential movement.","ISBN":"978-1-68099-378-3","language":"en","note":"Google-Books-ID: 3JvjtAEACAAJ","number-of-pages":"112","publisher":"Good Books","source":"Google Books","title":"The Little Book of Restorative Justice: Revised and Updated","title-short":"The Little Book of Restorative Justice","author":[{"family":"Zehr","given":"Howard"}],"issued":{"date-parts":[["2015",5,5]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Zehr, 2015). The offender also has other requirements such as responsibilities of community and victim. According to restorative justice, these means must be addressed so, that offender changes their behavior and becomes contributing members of the community ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"1NQ7d0jt","properties":{"formattedCitation":"(Zehr, 2015)","plainCitation":"(Zehr, 2015)","noteIndex":0},"citationItems":[{"id":590,"uris":["http://zotero.org/users/local/vDOrLj7p/items/WGCX9ZYQ"],"uri":["http://zotero.org/users/local/vDOrLj7p/items/WGCX9ZYQ"],"itemData":{"id":590,"type":"book","abstract":"Howard Zehr is the father of Restorative Justice and is known worldwide for his pioneering work in transforming understandings of justice. Here he proposes workable principles and practices for making Restorative Justice possible in this revised and updated edition of his bestselling, seminal book on the movement. (The original edition has sold more than 110,000 copies.)Restorative Justice, with its emphasis on identifying the justice needs of everyone involved in a crime, is a worldwide movement of growing influence that is helping victims and communities heal, while holding criminals accountable for their actions.This is not soft-on-crime, feel-good philosophy, but rather a concrete effort to bring justice and healing to everyone involved in a crime. In The Little Book of Restorative Justice, Zehr first explores how restorative justice is different from criminal justice. Then, before letting those appealing observations drift out of reach into theoretical space, Zehr presents Restorative Justice practices. Zehr undertakes a massive and complex subject and puts it in graspable from, without reducing or trivializing it.This resource is also suitable for academic classes and workshops, for conferences and trainings, as well as for the layperson interested in understanding this innovative and influential movement.","ISBN":"978-1-68099-378-3","language":"en","note":"Google-Books-ID: 3JvjtAEACAAJ","number-of-pages":"112","publisher":"Good Books","source":"Google Books","title":"The Little Book of Restorative Justice: Revised and Updated","title-short":"The Little Book of Restorative Justice","author":[{"family":"Zehr","given":"Howard"}],"issued":{"date-parts":[["2015",5,5]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Zehr, 2015).
Restorative Justice in institutions
For holding the student accountable for their actions about the committed crime as according to ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"0ed55dNJ","properties":{"formattedCitation":"(Zehr, 2015)","plainCitation":"(Zehr, 2015)","dontUpdate":true,"noteIndex":0},"citationItems":[{"id":590,"uris":["http://zotero.org/users/local/vDOrLj7p/items/WGCX9ZYQ"],"uri":["http://zotero.org/users/local/vDOrLj7p/items/WGCX9ZYQ"],"itemData":{"id":590,"type":"book","abstract":"Howard Zehr is the father of Restorative Justice and is known worldwide for his pioneering work in transforming understandings of justice. Here he proposes workable principles and practices for making Restorative Justice possible in this revised and updated edition of his bestselling, seminal book on the movement. (The original edition has sold more than 110,000 copies.)Restorative Justice, with its emphasis on identifying the justice needs of everyone involved in a crime, is a worldwide movement of growing influence that is helping victims and communities heal, while holding criminals accountable for their actions.This is not soft-on-crime, feel-good philosophy, but rather a concrete effort to bring justice and healing to everyone involved in a crime. In The Little Book of Restorative Justice, Zehr first explores how restorative justice is different from criminal justice. Then, before letting those appealing observations drift out of reach into theoretical space, Zehr presents Restorative Justice practices. Zehr undertakes a massive and complex subject and puts it in graspable from, without reducing or trivializing it.This resource is also suitable for academic classes and workshops, for conferences and trainings, as well as for the layperson interested in understanding this innovative and influential movement.","ISBN":"978-1-68099-378-3","language":"en","note":"Google-Books-ID: 3JvjtAEACAAJ","number-of-pages":"112","publisher":"Good Books","source":"Google Books","title":"The Little Book of Restorative Justice: Revised and Updated","title-short":"The Little Book of Restorative Justice","author":[{"family":"Zehr","given":"Howard"}],"issued":{"date-parts":[["2015",5,5]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} Zehr (2015) the restorative justice has about three principles which include repairing the harm, made the offender accountable and lastly restoration of community. The higher education always obeyed the approaches of traditional judicial with the students who commit a crime which is though necessary in some cases but it does more harm rather than good.
The police institution is the first respondent towards the community call services, this institution required to implement restorative justice techniques while responding to the individuals’ calls who are facing physical violence. Police must arrange family group conferences by integrating the techniques of restorative justice ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"ljDQY2iT","properties":{"formattedCitation":"(Alarid & Montemayor, 2012)","plainCitation":"(Alarid & Montemayor, 2012)","noteIndex":0},"citationItems":[{"id":592,"uris":["http://zotero.org/users/local/vDOrLj7p/items/DYQLI7BD"],"uri":["http://zotero.org/users/local/vDOrLj7p/items/DYQLI7BD"],"itemData":{"id":592,"type":"article-journal","abstract":"Police are first responders to community calls for service, yet traditional responses tend to diminish victim roles significantly. Research has shown that victims and communities can benefit from the use of restorative justice techniques. This study examines how restorative justice can be integrated into some police practices when responding to calls for service involving individuals who are mentally ill and in domestic violence situations. The authors also discuss how police officers can use restorative practices iolving family group conferencing and community reparation boards. Organizational impediments to change are identified and ways in which police departments can overcome these barriers are discussed.","container-title":"Police Practice and Research","DOI":"10.1080/15614263.2011.607654","journalAbbreviation":"Police Practice and Research","page":"450-463","source":"ResearchGate","title":"Implementing restorative justice in police departments","volume":"13","author":[{"family":"Alarid","given":"Leanne"},{"family":"Montemayor","given":"Carlos D."}],"issued":{"date-parts":[["2012",10,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Alarid & Montemayor, 2012). As this is the organization who can overcome issues.
It is observed that the domestic violence victims initially turn towards the system of criminal justice but are dissatisfies with the outcomes. They are now saying that they do not take help from police next time ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"1bIGgkco","properties":{"formattedCitation":"(\\uc0\\u8220{}Crime Survivors Speak,\\uc0\\u8221{} n.d.)","plainCitation":"(“Crime Survivors Speak,” n.d.)","noteIndex":0},"citationItems":[{"id":595,"uris":["http://zotero.org/users/local/vDOrLj7p/items/VRBE32MU"],"uri":["http://zotero.org/users/local/vDOrLj7p/items/VRBE32MU"],"itemData":{"id":595,"type":"post-weblog","abstract":"New Study Finds Majority of Crime Victims Support Shorter Prison Sentences, Smarter Safety Investments","container-title":"Alliance for Safety and Justice","language":"en-US","title":"Crime Survivors Speak","URL":"https://allianceforsafetyandjustice.org/crimesurvivorsspeak/","accessed":{"date-parts":[["2019",12,5]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (“Crime Survivors Speak,” n.d.). According to the survey, it is observed that the crime affects people from all walks of life as it can be seen that from the previous 10 years 31% of Florida people are victimized ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"3WiSsdFy","properties":{"formattedCitation":"(\\uc0\\u8220{}Crime Survivors Speak,\\uc0\\u8221{} n.d.)","plainCitation":"(“Crime Survivors Speak,” n.d.)","noteIndex":0},"citationItems":[{"id":595,"uris":["http://zotero.org/users/local/vDOrLj7p/items/VRBE32MU"],"uri":["http://zotero.org/users/local/vDOrLj7p/items/VRBE32MU"],"itemData":{"id":595,"type":"post-weblog","abstract":"New Study Finds Majority of Crime Victims Support Shorter Prison Sentences, Smarter Safety Investments","container-title":"Alliance for Safety and Justice","language":"en-US","title":"Crime Survivors Speak","URL":"https://allianceforsafetyandjustice.org/crimesurvivorsspeak/","accessed":{"date-parts":[["2019",12,5]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (“Crime Survivors Speak,” n.d.). This victimization puts the heavy tool on the survivors because they experienced the traumatic situation which could be devastating for their mental health.
From the survey, it can be seen that every 8 in 10 victims felt stress because of incident while in 7 out of 10 survivor felt anxiety. It is reported that 55% felt fear while every 1 in 4 experience trouble in study and work ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"3WiSsdFy","properties":{"formattedCitation":"(\\uc0\\u8220{}Crime Survivors Speak,\\uc0\\u8221{} n.d.)","plainCitation":"(“Crime Survivors Speak,” n.d.)","noteIndex":0},"citationItems":[{"id":595,"uris":["http://zotero.org/users/local/vDOrLj7p/items/VRBE32MU"],"uri":["http://zotero.org/users/local/vDOrLj7p/items/VRBE32MU"],"itemData":{"id":595,"type":"post-weblog","abstract":"New Study Finds Majority of Crime Victims Support Shorter Prison Sentences, Smarter Safety Investments","container-title":"Alliance for Safety and Justice","language":"en-US","title":"Crime Survivors Speak","URL":"https://allianceforsafetyandjustice.org/crimesurvivorsspeak/","accessed":{"date-parts":[["2019",12,5]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (“Crime Survivors Speak,” n.d.).
References
ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Alarid, L., & Montemayor, C. D. (2012). Implementing restorative justice in police departments. Police Practice and Research, 13, 450–463. https://doi.org/10.1080/15614263.2011.607654
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Coker, D. (2006). Restorative justice, Navajo Peacemaking and domestic violence. Theoretical Criminology, 10(1), 67–85. https://doi.org/10.1177/1362480606059983
Crime Survivors Speak. (n.d.). Retrieved December 5, 2019, from Alliance for Safety and Justice website: https://allianceforsafetyandjustice.org/crimesurvivorsspeak/
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Life Comes From It: Navajo justice, by Chief Justice Robert Yazzie. (n.d.). Retrieved December 5, 2019, from http://www.dailygood.org/story/1327/life-comes-from-it-navajo-justice-chief-justice-robert-yazzie/
Wolff, M. J. (1994). Spirituality, Culture and Tradition: An Introduction to the Role of Tribal Courts and Councils in Reclaiming Native American Heritage and Sovereignty. St. Thomas Law Review, 7, 761.
Zehr, H. (2015). The Little Book of Restorative Justice: Revised and Updated. Good Books.
