Restorative Justice and Criminal Systems

This assignment delves into the intricacies of the criminal justice system, highlighting its complexity and challenges. It emphasizes the increasing significance of restorative justice, particularly for adult offenders, as a means to address crime and promote rehabilitation. The document analyzes various aspects of the criminal justice system, including victim participation, forensic science, and societal costs associated with crime. It also discusses the effectiveness of restorative justice in resolving conflicts and providing support to victims.

Essay

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK...............................................................................................................................................1
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Australian courts are representing a fundamental pillar of Criminal Justice System (CJS).
To understand their roles and responsibilities are significant for citizens in order to get some
advantage. In CJS, it has introduced the key issues and principles which are govern by
administration of justice and these all are relates to their role of courts 1. In this essay, strength
and weaknesses of criminal justice system has been compared in context of three aspects of
system. Further how these are supporting resident people in defending their rights from any
serious nature of offence.
TASK
Criminal justice is not only associated with the process of court in which verdict is
resolved. As justice is defined that which punishment or remuneration will be provided to party.
The establishment of criminal justice system has comprised with three segments i.e. enforcement
of laws, court and correctional amenities. The purpose of establishing CSJ is that to provide
justice for all people by imprisoning and punishing the guilty and supporting them to stop
offending in order to protect innocent person. The central purpose of this system is to deliver
accountable, effective, efficient and reasonable justice process for local resident people. This law
does not enforce itself to commit a serious nature of offence 2. Each agency of criminal justice
system is having their own specific aims but there are certain number goals which is running
across the whole system. Some of them are; public protection (to prevent and deterrent crime
with the help of rehabilitation and incapacitation), public order (to maintain law between social
order), punishment (imprisonment or penalty in accordance with specific principles), confidence
of general public (ensuring about that criminal justice system is fairly dealing and reducing threat
which are posed by the offenders).
Criminal law in Australia is basically governed by the states and territories and have set
their own rules and regulation. In all jurisdiction, criminal law is enacted by parliament in the
form of statutes and through this they are formulating laws which is applied to courts of law.
1 Baldry, E. & et. al., (2013). Reducing vulnerability to harm in adults with cognitive
disabilities in the Australian criminal justice system. Journal of Policy and Practice in
Intellectual Disabilities. 10(3). 222-229.
2 Bishop, D. M., & Leiber, M. J. (2012). Racial and ethnic differences in delinquency and
justice system responses. In The Oxford handbook of juvenile crime and juvenile justice.
1

While doing this, they are having their own strength and weakness which has be determine by
government. However, there are different approaches which is rising inconsistencies in
sentencing, convicting of offenders.
In this system many rules and regulation has been framed in regard to different areas or
issues which are facing by people. As there are major criminal justice agencies, personnel’s and
their agency function which is telling about what policies has been implemented by court under
this system 3. These are; Police whose function are investigate the crime, arrest or detain the
suspect, have to maintain public order, control the traffic and respond in case of illegal and non-
criminal emergencies. Second is Prosecution which may also know as prosecutors and their
functions are; have to prepare the case for examination, filter out the suit every weak and keep
case strong.
In this system, rules have also been made for media representation. For example, media
generally represents a positive image on the success and integrity of police or criminal justice.
As there are many possible links between crime and media representation and these has impact
on the labelled; objects, means and opportunities for offending and controlling formal and
informal militating against crime. To act as or to be criminal which is distinct from immoral,
injuries, disruptive etc. are to be labelled as such. It requires that crime should be act as criminal
by citizens or/and these should be enforcement by law officers. The strength of making rules in
regard to media representation is that through this people will aware about that nowadays what
kind of offence are there where person is committing a serious offence 4. But weakness is that
sometime an information which is provided through media are highly disappointed because it
does not contain any reliable and authenticate information.
The problem or weakness with the phrase of “criminal justice system” is that it trains the
attention of people, wrongly or to visualise the response of crime in which magistrate or police
officers are making correction. Further whole criminal process operation is depending on the
decision and actions which are take ordinary citizens. Citizens are playing vital role because they
3 Englebrecht, C. M. (2011). The struggle for ‘‘ownership of conflict’’: An exploration of
victim participation and voice in the criminal justice system. Criminal Justice Review.
6(2). 129-151.
4 Julian, R. D. & et. al., (2011). What is the value of forensic science? An overview of the
effectiveness of forensic science in the Australian criminal justice system
project. Australian Journal of Forensic Sciences. 43(4). 217-229.
2

are electing the people to represent them in making laws and also they are detecting and
reporting the crime to police officers. Conflicts over the aims of criminal justice are performing
by each agency in order to protect the rights of people. Well the conflicts are also emerging from
bureaucratic interest among these agencies. It is important for the courts and police office to
handle the case efficiently or ensure about that people should not be abuse in regards to their
state power 5. Otherwise, it become weakness of court to handle the case in appropriate manner.
There are other key organisations and actors who are playing role in criminal process and
arresting the person who is found with that criminal offence has been committed by them
whether it is of serious nature or not. Further there are also defence lawyers who is providing
advice to innocent party at all the stages of criminal process.
The court has also framed many rules and regulation in regard to crime where they can
protect the people. So, court is also known as justice of peace or magistrate or judges. They are
protecting the rights of respondents from any unlawful activity which is executing by other
person. Further they are deciding the bail and remands on the basis of nature of offence and
through this specific time period is provided to offender in proved them as innocent. Apart from
this, public arena where justice can be seen by people and fair decision is taken by judge. The
strength of these court is that whatever decision which are taken by them is on the basis of
evidence. Further they are trying to conclude a valid conclusion from the evidence which has
been collected by parties. But weaknesses are that sometimes they are not taking a fruitful
decision where innocent party can get some additional benefit from them 6. Along with this they
are working upon on existing rules and regulations and not trying to make new law where
innocent party can get better result of their problems.
In criminal justice system, magistrate court is dealing with 90% of criminal matters
where nature of offence is little less as compared to others. In this decision are made without
taking viewpoint of jury and are referred as “summary” decision. Further magistrate finds out
that if the case is of serious nature, then it will refer to higher court otherwise case will dismiss.
Supreme court is highest court in every country. They are dealing with most serious of
crimes which are conducted by people. Here appeals from lower courts and appeal from court of
5 Manning, M., Smith, C., & Mazerolle, P. (2013). The societal costs of alcohol misuse in
Australia. Trends and issues in crime and criminal justice, (454), 1.
6 Maschi, T. & et. al., (2011). Trauma and stress among older adults in the criminal justice
system: A review of the literature with implications for social work. Journal of
Gerontological Social Work. 54(4). 390-424.
3

criminal are heard by them. Whatever decision which are given by this court is applied to across
the country.
Case law, R v Blaue [1975] 1 WLR 1411. Decision of court was that person who uses
violence on making other victims or they found with them, it means that defend cannot complain
because it is considered as an important part for the victim identity which means that injury has
been affected to her. Moreover, stabbing was still in operative cause of her death so he was
found with guilty.
R v Woollin [1999] AC 82. In this judgement of court was held that murder conviction
had been substituted with manslaughter conviction. Further, there was also a misdirection of
material which were expanded mens rea of murder and therefore conviction of murder was
unsafe. Therefore, court agreed with that Nedrick guidelines are having a minor modification.
Restorative justice is not easily defined because it compresses with a variety of practices
which are performing at different stage of criminal process. This kind of justice may not only use
in juvenile criminal matters or in adults but it also widely used in a range of civil matters which
is related with welfare of family and child protection. The impact of this restorative justice is
positive on the impact of victims and offenders. There are some challenges which are faced by
government in order to implement the application of restorative justice.
Safeguarding rights, it remains a tendency among advocates for victims and offenders
which is characterised for giving any benefit to people or enhancing their rights 7. It also showed
that rights of offender are failed because their rights are violated in restorative justice process.
Effective and appropriate in indigenous and ethnic communities, as there are many
issues which is related with the use of restorative justice in ethnic communities which are
identified in 2001. However, no efforts have been made by government to reduce or eliminate
these barriers so that they can also increase the relevance of culture in restorative justice 8.
Apart from this, there are some future challenges which are face by restorative justice;
spreading restorative justice in case of adult offenders, primarily this has been used for young
person but now these practices have been increased and designed for adult in victim their
7 Meyer, S. (2011). Seeking help for intimate partner violence: Victims’ experiences when
approaching the criminal justice system for IPV-related support and protection in an
Australian jurisdiction. Feminist Criminology. 6(4). 268-290.
8 Richards, K. (2011). Trends in juvenile detention in Australia. Trends and issues in
crime and criminal justice. (416). 1.
4

offences. But, debate on this has been stop that whether it is appropriate to extend restorative
justice for older offender.
Restorative justice is extending in regard to serious offence, this can be seen as this
restorative justice is seen as less appropriately in case of serious offences. Achieving
‘restrictiveness’ it means that it is highly dependent on the willingness of victims who are
engage in restorative justice process. Apart from this, it is difficult to assess that whether it will
be useful to do variation in implementation of restorative justice.
The strength of this justice is that it has provide the solution for young offenders where
they can protect their rights from any illegal activity. Along with various norms and regulations
are farmed by government where it become essential for people to comply with these. But the
weakness is that they are not thinking about the adult offenders because they are also becoming
culprit in front of court 9. Along with this this is becoming challenges for restorative justice to
develop theory of practices. For example, any positive outcome which has been reported on the
behalf of victim and these are remaining much room for improving the sensitivity of victims
towards this justice.
The strength of criminal justice system is that it has famed many rules and regulations in
order to protect the rights of people and time-to-time they are making modification in these so
that these can be applied in appropriate manner. Further, roles and responsibilities of courts,
police officer, parties have been clarified by them which bind the people to perform their duties
accordingly. So it become easy for them to draw a valid conclusion of any cases. But if these
strengths will be compared by weaknesses, then it has more faults. For example, rules and
policies are made according to nature of offence which are committing by people. On other side,
imprisonment and fines or penalties should be according to offence. In addition to this, criminal
justice system is loosely coupled with a collection of interdependent agencies which sometimes
are creating conflicts among them and this become difficult in taking a fruitful decision for the
benefit of society. Further, there are some model which are described in this system such as;
crime control or due process model but these are not properly using by people in order to get
reliable information. So, become weakness to resolve the case in appropriate manner and wasting
their time and cost in resolving the cases.
9 Schmalleger, F. & et. al., (2014). Criminal justice today. Prentice Hall.
5

CONCLUSION
It can be concluded from above assignment that criminal justice system is most complex
in order to understand them. Further restorative justice has been made for younger but now a day
it is important to implement this on adult people because they are becoming culprit in front of
justice of court. Apart from these agencies are implementing rules for the benefit of society and
deal with the issues which the issues which are facing by parties.
6

REFERENCES
7