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Youth Justice and Restoritive Justice

Abstract

The restorative justice principles should be applied in relation to the children who break the law. According to the views on crime, the restorative justice affects the frequency of crimes by minimizing them. It also places the community at the point of no harm; hence, a just response is vital in addressing the wrongdoings and the harm. The willing parties should be able to achieve the resolution by discussing the harm. Besides, there are significant approaches of discussing the issue of restorative justice and comparing it to the rates of occurrences of the crimes. The lives of the children are transformed through the meetings aimed at restoration. One of the big ideas of the system is to repair. In this, the causes of the crime such as justice and harm requires individual to repair the harm. The second form of the restorative justice is encounter, which is perceived to be one of the ways that determines the manner in which the parties perform the tasks. The third idea is transformation. As noted in the above, the fundamental changes in people are the communities and relationship. Therefore, the system focuses on repairing the harm that was caused by the criminal behavior. This paper will analyze how the restorative justice operates under the three principles.

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Youth Justice and Restorative Justice

The restorative justice principles should be applied in relation to the children who break the law. According to the views on crime, the restorative justice affects the frequency of crimes by minimizing them. It also places the community at the point of no harm; hence, a just response is vital in addressing the wrongdoings and the harm. The willing parties should be able to achieve the resolution by discussing the harm. Besides, there are significant approaches of discussing the issue of restorative justice and comparing it to the rates of occurrences of the crimes. The lives of the children are transformed through the meetings aimed at restoration. One of the big ideas of the system is to repair. In this, the causes of the crime such as justice and harm requires individual to repair the harm. The second form of the restorative justice is encounter, which is perceived to be one of the ways that determines the manner in which the parties perform the tasks. The third idea is transformation. As noted in the above, the fundamental changes in people are the communities and relationship. Therefore, the system focuses on repairing the harm that was caused by the criminal behavior. The restorative justice operates under the three principles which indicate that crime causes justice and harm, the resolution should involve the people most affected by the crime, and the maintenance of order in the community as it is the responsibility of the government.

Principles of the Restorative Justice

The principles of the restorative justice can take different forms in diverse places. The first principle indicates that crimes can take fundamental violations of interpersonal relationships and people. In this, it is apparent that the community members and the victims are harmed and require restoration. The people who are directly affected by the crime are the primary victims. The group of victims also covers the offenders, members of the affected community, and the witnesses. Therefore, the first principle indicates that relationships are affected when children violate the laws of the land. The situation calls for the crime to be addressed through several responses to the harms and the needs of the offenders, victims, and the community. In some places, the principle can assume different roles. For instance, the restorative justice can maximize or participate in the prevention and healing process of the crime. The roles differ as the preferences and capacities of the parties are unique.

The second principle is that violations cause liabilities and obligations. The obligations of the offenders require them to ensure that things are as right as possible. The victims receive the primary obligation as they are empowered through the restorative process. The offenders obtain the responsibility to provide encouragement and opportunities to comprehend that they have caused harm to the developing plans, the community, and the victims. The principle ensures the voluntary participation by the offenders. Other aspects such as exclusion and coercion are minimized. However, it is vital for the offenders to accept their duties. Some of the obligations make things right as they are related to the crime. Even though the obligations are painful and difficult, they should be noted as vengeance, pain, and revenge. The obligations of the victims take the priority over other obligations such as the state fines. The offenders also have the right to address their needs, as well as becoming active participants. The situation is different according to the diverse places because it depends on the responsibilities of the community, as well as the crime victims. The duty of the community is to ensure that the relationships and the social conditions of the members promote community peace and crime. In other cases, the community is required to integrate the offenders into the society by involving in the opportunities resulting from the amendments.

The third principle of the restorative justice is to tie the wrongs and seek to heal. The victims have specific needs that involve validation, information, safety, restitution, and support. These areas are perceived as the starting points of seeking justice in the criminal justice system. The first priority is built on the safety of the victims. The process of justice presents a framework that enhances the recovery work and heals the ultimate domain of the specific victim. The victims are strengthened by determining the outcomes and needs after the participation in the restorative process. The repair of the harm requires the offenders so that they can measure the effect of their work. The process determines the place to be effective because it aims at maximizing the opportunities of the exchange such as the dialogue, participation, and the mutual consent from the offender and the victim. The encounter involving the face to face communication is efficient in directing and defining the conditions and the terms of the deal. The agreement that occurs before the outcomes are imposed identifies the opportunities that are offered for forgiveness, remorse, and reconciliation. Finally, the needs of the offender vary and ought to be addressed by realizing the significant competencies. The restorative process also affects the offenders, who also need to be treated and supported as respectful member of the society. Besides, justice is achieved when the community understands the needs of the offenders. In this, the restorative justice should remove the severe restrictions to limit the treatments and enhance the pathways to personal change. The issue of fairness should be encouraged without the existence of boundaries such as class, ethnicity, and gender.

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The Strengths, Limitations, and Risks

The restorative justice has several strengths, limitations, and risks, according to research. One of the strengths of the process is that it reduces the rate of offense, even though the situation does not occur in all instances. The restorative justice repeats the rate of offense for children compared to the adults. The prison for youths is thought to double the diversions of the major crimes. Here, the children are apprehended with a lot of care as the society seeks to make them responsible persons. The offences brought to the criminal justice may divert from the will of the offender, thus; the restorative justice doubles the offenses to reduce or hinder people from committing similar crimes. The process reduces the costs of the justice by considering the needs of the children and the youth. The process provides more satisfaction to the offenders and the victims, than it was the case in the traditional system. Issues affecting the victims such as post-traumatic stress are reduced during the process of restoration. The desire to commit similar crimes is also reduced, especially when the charges are doubled compared to that of the offenders.

The limitations of the restorative justice affect the manner in which justice is relayed in the criminal justice. One of the limitations is that the offenders and the victims do not always receive fair treatment. Issues concerning sexual assault have taken the debate on the pathways that need to be considered. The principles of the restorative justice are not always adhered to, meaning that the practice promotes the practices, as well as the physical wellbeing of the people. The issue of concern that the restorative justice does not present the legal practices required to promote fairness. Therefore, the jurisdiction focuses its attention on the offenders and the victim as a model of disposition. The power relations of the offenders, victims, and the community are either overweighed or underweighted, causing imbalances in the criminal justice. Another limitation of the restorative justice is that the system is influenced by schools and races. Other aspects involving discrimination are considered when providing fairness to all. However, the problem is that the restorative process, in most cases, works on the wealthy. Therefore, the poor lack equal justice, leading to the wrong restitutions in the community. Besides, the black persons are underestimated, leading to unfair charges. Recent research has indicated that the racial threat is effective and serves the poor as the rich get advanced services.

The risks of the restorative justice involve the danger of putting someone to sentence after a dangerous incidence is committed. The offender forces the victim to agree that he or she committed the crime. Therefore, it is possible that some people who find themselves in the criminal justice system suffer for the mistakes which they never committed. Therefore, the danger of the restorative process is taking person to sentence before addressing the seriousness of the offense. In other words, it is recommended for the criminal justice officers to ensure that they restore power to ensure that the powerful offenses are not committed. Besides, asking someone to agree to be the offender is abusive and only meets the needs of the victim. Here, the rights of the victim are not upheld, which is the major cause of the risk in the restorative justice.

Child Friendly Restorative Justice

Studies have indicated that the restorative justice can be made child friendly. The process requires the parents of the youth, as well as other relatives who aid in the process of restoration. Here, the framework enhances the recovery work and heals the ultimate domain of the specific victim. The victims are strengthened by determining the outcomes and needs after the participation in the restorative process. The repair of the harm requires the offenders and their family so that they can measure the effect of their work. The process determines the place to be effective because it aims at maximizing the opportunities of the exchange such as the dialogue, participation, and the mutual consent from the offender and the victim. The encounter involving the face to face communication is efficient in directing and defining the conditions and the terms of the deal. The agreement that occurs before the outcomes are imposed identifies the opportunities that are offered for forgiveness, remorse, and reconciliation. Finally, the needs of the offender vary and ought to be addressed by realizing the significant competencies. The restorative process affects the offenders, who also need to be treated and supported as respectful member of the society when the family members are engaged. Again, the vulnerability of children can be protected by ensuring that the public or the media do not see them. Besides, it is also recommended to hide their identity by using hidden names to prevent people from comprehending them. The voices of the children can be heard more clearly if the process follows the appropriate steps. For instance, it is important to ensure that both the offender and the victim meet to ascertain the issue pertaining false claims and misconceptions. Alternatively, children should be treated differently to adults because they engage in crimes that are not very serious. Besides, children are used by the adults to commit crimes, hence; the need to treat them differently in efforts to understand the background of the case. International bodies such as the council of Europe discuss the various aspects that cause children to engage in crime. The union also presents the best restoration services to prisons, enabling people to change their harmful behavior. The human rights conventions imply that children have the right to be tried in a juvenile court. Besides, they also require the restorative services more than any other adult. Therefore, restorative services are important because they change the behaviors of the children by digging into their past to comprehend the source of the crimes or behaviors.

Distinction between Perpetrator and Victim

There is a distinction between the offender and the victim. The offender is the person whose rights have been violated. The victim is the person who faced the circumstances of the crime. For instance, the victim is the person who faces the illegality following the act. The process of justice presents a framework that enhances the recovery work and heals the ultimate domain of the specific victim. The victims are reinforced by determining the outcomes and needs after the participation in the restorative process. The repair of the harm requires the offenders so that they can measure the effect of their work. The process determines the place to be effective because it aims at maximizing the opportunities of the exchange such as the dialogue, participation, and the mutual consent from the offender and the victim. Therefore, the perpetrator is different from the victim because he undergoes significant trials which are not similar to those of the victim. Again, the perpetrator encounters the face to face communication with the victim to establish the truth of the matter. The agreement that occurs before the outcomes are imposed identifies the opportunities that are offered for forgiveness, remorse, and reconciliation. Finally, the needs of the offender vary and are addressed by realizing the significant competencies. The restorative process also affects the offenders, who also need to be treated and supported as respectful member of the society. Besides, justice is achieved when the community understands the needs of the offenders. The victim is therefore, the person, who faces the wrath of the crime.

Location of Restorative Processes

Restorative processes should be located following the three-stage process. The first stage involves the starting process. In this, it is apparent that the community members and the victims are harmed and require restoration. The people who are directly affected by the crime are the primary victims. The group of victims also covers the offenders, members of the affected community, and the witnesses. Therefore, the first stage identifies the relationships between the victim and the offender. The situation calls for the crime to be addressed through several responses to the harms and the needs of the offenders, victims, and the community. In some places, the principle can assume different roles. For instance, the restorative justice can maximize or participate in the prevention and healing process of the crime. The victims receive the primary obligation as they are empowered through the restorative process. The offenders obtain the responsibility to provide encouragement and opportunities to comprehend that they have caused harm to the developing plans, the community, and the victims. The principle ensures the voluntary participation by the offenders. The second stage allows the victim and the offender to participate in the interrogation. However, it is vital for the offenders and the victims to accept their duties. Some of the obligations make things right as they are related to the crime. Even though the obligations are painful and difficult, they should be noted as vengeance, pain, and revenge. The obligations of the victims take the priority over other obligations such as the state fines. The offenders also have the right to address their needs, as well as becoming active participants. The third stage takes place in the restorative justice conference. The conference identifies the things that happened, the findings, and focuses on the ways of making the situation better. The duty of the community is to ensure that the relationships and the social conditions of the members promote community peace and crime after the process.

In conclusion, the restorative justice principles should be applied in relation to the children who break the law. According to the views on crime, the restorative justice affects the frequency of crimes by minimizing them. It also places the community at the point of no harm; hence, a just response is vital in addressing the wrongdoings and the harm. The willing parties should be able to achieve the resolution by discussing the harm. Besides, there are significant approaches of discussing the issue of restorative justice and comparing it to the rates of occurrences of the crimes. The lives of the children are transformed through the meetings aimed at restoration. One of the big ideas of the system is to repair. In this, the causes of the crime such as justice and harm requires individual to repair the harm. The second form of the restorative justice is encounter, which is perceived to be one of the ways that determines the manner in which the parties perform the tasks. The third idea is transformation. As noted in the above, the fundamental changes in people are the communities and relationship. Therefore, the system focuses on repairing the harm that was caused by the criminal behavior. The restorative justice operates under the three principles which indicate that crime causes justice and harm, the resolution should involve the people most affected by the crime, and the maintenance of order in the community as it is the responsibility of the government.

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