1. Victims sometimes have unrealistic expectations of the criminal justice system and become even more dissatisfied with the system when their recommendations are not accepted. If you were a victim advocate, how would you advise them of the realities?
2. Find a video of a victim presenting a victim impact statement in court. Based on the victim impact statement, identify the unmet needs of victims of crime and discuss the areas that need to be addressed.
3. How do you balance the safety of victims with the offender’s rehabilitation in a parole hearing? What are some of the unintended conequences of Megan’s Law and Jessica’s Law?
4. What are the strengths and limitations of the restorative justice model? In what ways do restorative and retributive justice differ?
5. Case Study: Review the case of Thurman v. City of Torrington (1984). How has the police response changed over the past 30 years? How would this case be handled if it happened today?

Sample Answer

Sample Answer

 

The Strengths and Limitations of the Restorative Justice Model
Restorative justice is a victim-centered approach to addressing crime that focuses on repairing the harm caused by the offense. It emphasizes healing and reconciliation rather than punishment and seeks to involve all parties affected by the crime, including the victim, offender, and community. While the restorative justice model has several strengths, it also has some limitations.

Strengths of the Restorative Justice Model:

Victim Empowerment: Restorative justice places the victim at the forefront of the process, giving them a voice and allowing them to have a say in how their needs are addressed. This empowerment can help restore their sense of control and provide a sense of closure.

Accountability and Responsibility: By involving the offender in the process, restorative justice encourages them to take responsibility for their actions and face the consequences of their behavior. This can lead to increased accountability and personal growth.

Community Involvement: Restorative justice recognizes that communities are affected by crime and seeks to involve them in the healing process. Community members can provide support, understanding, and guidance to both the victim and offender, fostering a sense of collective responsibility.

Reduced Recidivism: Studies have shown that restorative justice practices can contribute to lower rates of reoffending. By addressing the underlying causes of the offense and promoting rehabilitation, this approach aims to prevent future crimes.

Healing and Reconciliation: Restorative justice focuses on repairing the harm caused by the crime and facilitating healing for all parties involved. It allows victims and offenders to engage in dialogue, express their emotions, and potentially find closure.

Limitations of the Restorative Justice Model:

Suitability for Serious Offenses: The restorative justice model may be more effective for less serious offenses where there is a higher likelihood of achieving reconciliation. For more severe crimes, such as violent offenses or those involving vulnerable victims, the model may not be appropriate or sufficient.

Lack of Uniformity: Restorative justice practices can vary significantly based on factors such as jurisdiction, cultural context, and individual facilitators. This lack of uniformity can lead to inconsistencies in outcomes and potential biases.

Voluntary Participation: For restorative justice to be successful, all parties involved must willingly participate in the process. If either the victim or offender refuses to engage or comply with the agreed-upon terms, the effectiveness of the approach may be compromised.

Resource Intensive: Implementing restorative justice practices requires adequate resources, including trained facilitators, support services, and follow-up measures. Without sufficient resources, the potential benefits of this approach may not be fully realized.

Limited Application: Restorative justice is most commonly applied in cases where there is a clear identifiable victim and an offender who can be held accountable. However, it may not be suitable for crimes committed by large organizations or in cases where there is no clear individual perpetrator.

In conclusion, while the restorative justice model offers several strengths such as victim empowerment, accountability, community involvement, reduced recidivism, and healing, it also has limitations relating to suitability for serious offenses, lack of uniformity, voluntary participation, resource intensity, and limited application. Understanding these strengths and limitations is crucial when considering the implementation of restorative justice practices in any criminal justice system.

 

 

 

 

 

 

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