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Question

1.Would you have participated in the program if you were the person

in the video and the crime happened to a member of your family ?


2.Explain your answer. Based on what you have read about
Restorative Justice below. Why are people reluctant to participate more
frequently in such programs?


3.What can be done by a) the program, b) in the community and c)
within the criminal justice system to encourage people to
participate? Offer both practical and/or creative solutions for each.


THESE ARE ALL THE MATERIALS NEEDED:


https://www.youtube.com/watch?v=TSCx1XS0f8Y 




RESTORATIVE JUSTICE:


Many dispute-resolution strategies are really a form of
restorative justice (also called reparative justice), "a new system based
on remedies and restoration rather than on prison, punishment and victim
neglect."103 It is "a system rooted in the concept of a caring
community," and adherents hope it leads to social and economic justice and
increased concern and respect for both victims and victimizers.104


But restorative justice is more than a system—it is a modern
social movement to reform the criminal justice system that stresses healing
rather than retribution.105


Restorative justice is a modern social movement that stresses
healing rather than retribution.


Restoration (repairing the harm done by crime and rebuilding
relationships in the community) is the primary goal of restorative justice, and
its effectiveness is measured by how many relationships are healed rather than
by how much punishment is inflicted on the offender. Table 9-1 highlights some
of the significant differences between traditional retributive justice and
restorative justice.


The Balanced and Restorative Justice (BARJ) Model
One form of restorative justice is the Balanced and Restorative
Justice (BARJ) model. (See Figure 9-5.) Under this model, the community,
victim, and offender should receive balanced attention and all three should
gain tangible benefits from their interactions with the justice system


Restorative justice programs make use of a number of techniques,
but central to all of them is restorative conferencing, also called
"community conferencing," in which victim, offender, and affected
community members meet face-to-face in a safe setting with an impartial
facilitator to discuss the facts and the impact of a particular offense.107 The
victim can ask questions and express directly to the offender how the crime has
affected his or her life. Conferencing provides the victim with greater access
to the criminal justice process and a strong voice in the process.108
Conferencing also humanizes the incident for the offender so that he or she may
better understand the real human consequences of his or her wrongdoing. The
offender can propose steps that he or she can take to help restore the harm
caused to the victim and the community. Participation in conferences is
voluntary for victims and offenders. In some cases, a victim unwilling to
participate in a face-to-face meeting may make a written statement to be used
in the conference, or a surrogate victim may take his or her place.


PUTTING CRIMINOLOGY TO WORK—Implementing Evidence-Based Policy
To make a difference in the real world, criminological theories
must first be tested and evaluated. Once evidence has been developed that
theory-based practices work, then programs based on them can be implemented to
reduce or prevent crime, or to help make victims' lives better. One federal
initiative, CrimeSolutions.Gov, strives to evaluate the effectiveness of
theory-based practices, and then communicates its findings via the Web. Some of
the most effective and promising programs are highlighted in boxes such as this
one that appear throughout the text.


PROGRAM: Restorative Policing


EVIDENCE RATINGS FOR OUTCOMES: Promising


PROFILE


The Reintegrative Shaming Experiments (RISE) in Canberra,
Australia, were designed to measure the impact of "restorative
policing" on both victims and offenders' perceptions of justice, as well
as overall satisfaction following the conference. The ultimate goal of the
conference is to repair the harm caused by the offense by bringing together the
offender, victim, and members of the community in a way that allows offenders
to reintegrate into the community, and victims to return to their normal
routines without fear of further victimization.


The program involves the offender, victim, and supportive
individuals for both parties, who come together to discuss the crime and its
impact, and to reach an agreement on how the offender can make amends. The aim
of the project was to include "middle range" offenses, neither so
trivial that they would normally be dealt with by a simple caution or warning,
nor so serious that the police would be reluctant to bypass the court system.


Unlike some other programs, the conference coordinator and
facilitator is a police officer, and the conference is held at a police
station. The conferencing model involved also used a great deal of
reintegrative shaming.


It is also believed that victims will have a more positive
perception of justice and less fear of re-victimization by participating in
restorative justice conferences, as they are able to have a voice in the
process.


Program Theory: Restorative Justice
The RISE procedures are based on the restorative justice ideal,
which is grounded in social control and community shaming. The focus of
restorative justice is to heal those—both offender and victim—harmed by the
offense rather than punish the offender for the sake of the victim. The idea is
to make offenders aware of the potential pain their actions have caused, and to
feel remorse. By


forcing offenders to face the potential consequences of their
actions, the belief is that they will be deterred from engaging in further law
violation. The RISE experiments were reintegrative in nature because they
avoided stigmatizing the offender as an "other," excluding him or her
from the justice process and hindering the process of reintegration.

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