A Critical Evaluation: Restorative Justice for Young Female Offenders

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Added on  2023/06/12

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This essay critically evaluates the application of restorative justice (RJ) as an alternative or complement to the traditional criminal justice system, specifically focusing on young female offenders. It addresses the shortcomings of the current system, including rising prison populations and disproportionate sentencing. The paper examines how RJ, rooted in community values and conflict resolution, aims to repair harm to victims and communities. It discusses the application of RJ through methods like family group conferencing and victim-offender mediation, contrasting it with the state-centric approach of conventional justice. The essay highlights the potential benefits of RJ for young women, such as promoting economic self-reliance and educational opportunities, while also acknowledging criticisms and challenges in assessing its effectiveness, particularly in reducing recidivism and ensuring victim satisfaction. The essay concludes by emphasizing the need for further studies and thoughtful consideration of the unique experiences of women in the justice system to fully realize the potential of RJ.
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Option 3: Restorative Justice for Young
Female Offenders: A Critical Evaluation
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Institution
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Restorative Justice for Young
Female Offenders:
Traditionally, the criminal justice system has focused on
committing and detaining offenders instead of examining the real
causes of their problems and giving community-oriented services
which efficiently tackle them. Unfortunately, crimes have soared
under the current system and the search stays ever stronger for
effective solutions to address the increasing population in prisons,
rising high costs, poor conditions and overcrowding, coupled with
growingly alarming disproportionate increase in the female jail
population connected to “one-size-fits-all” harsh sentencing.
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Restorative Justice for Young
Female Offenders Cont.
This paper presents an examination of the “restorative
justice” in practice both as alternative for and a
compliment to the current failing system. It emphasizes,
specifically, on how theory is applied to the youths
offending and primarily, where perpetrator is female. It
further summarizes the benefit intended to be
accomplished by RJ system and weighs these the
challenges witnessed and envisaged. The finding’s
implication for future policy-making in the field is
subsequently deliberated.
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Restorative Justice for Young
Female Offenders Cont.
RJ calls for an alteration in the manner we think in regards to
crime and justice. RJ, as set of values, provides a solution which
promotes as well as strengthens bonds in the community, by
tackling the harm inflicted to the survivors and communities at
large. RJ is believed to be deeply rooted in native cultures,
building on the early practices of resolving conflict in non-state
societies. Albeit RJ receiving certain criticism of this argument
being utilized to give RJ credibility, there is absolutely unique
parallel between Maori justices procedures of cumulative
responsibility and the manner RJ is currently operating.
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Restorative Justice for Young
Female Offenders Cont.
When tackling crimes, RJ emphasizes on harm done by
offense, come together to deal with repairing such harm.
This is accomplished when the individual engaged or
haven been affected by offense, join hands to attempt to
get the issue resolved. Restorative Justice is all about
balance restoration and placing things rightly (Marchetti
& Daly, 2017). The intention is to make amends to
survivors instead of punishing the perpetrators.
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Restorative Justice for Young
Female Offenders Cont.
An instance of this approach is observed in family group
conferencing. This is usually held in local setting or community
hall. Following welcome and introductions, the law enforcement
officer, highlights the aspects of offense succeeded by the
admission or denial by the offender of the set out facts. Upon the
establishment of a basis for agreed summary of facts, the
survivor has the chance to communicate that is two-fold
intentions, in making the perpetrator aware of harm which he
has inflicted, and engaging and empowering the survivor.
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Restorative Justice for Young
Female Offenders Cont.
The RJ process has been applied in many contexts and
utilizing various models. Family group conferencing is
utilized for all juvenile perpetrators apart from people
who have committed manslaughter or murder. Additional
schemes encompass victim-offender mediation, a course
that urges respectful, open dialogue mainly between
victim and perpetrator whereby there is no particular
“agendas” or “scripts” as can occasionally be utilized in
family group conferencing.
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Restorative Justice for Young
Female Offenders Cont.
In conventional justice system, the state has always taken over from the
victims’ role and defines the offenders’ obligations as anchored in law. The
“fight” which proceeds is done between professionals and could narrow
down to technicalities in law or even individual attorney’s ability, remote
from the pain and suffering of the survivor (Bouffard, Cooper & Bergseth,
2017). In comparison, RJ empowers the survivors, providing them a
chance to converse about their offenses and the manner it has impacted
them, and hence it is the victims who define the offenders’ obligations,
which need to be commensurate to the offence. Consequently, offender is
accorded an opportunity to tell “his side of the story” and for his
supporters to converse on his behalf.
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Restorative Justice for Young
Female Offenders Cont.
In conventional justice system, the state has always taken over from the
victims’ role and defines the offenders’ obligations as anchored in law. The
“fight” which proceeds is done between professionals and could narrow
down to technicalities in law or even individual attorney’s ability, remote
from the pain and suffering of the survivor (Bouffard, Cooper & Bergseth,
2017). In comparison, RJ empowers the survivors, providing them a
chance to converse about their offenses and the manner it has impacted
them, and hence it is the victims who define the offenders’ obligations,
which need to be commensurate to the offence. Consequently, offender is
accorded an opportunity to tell “his side of the story” and for his
supporters to converse on his behalf.
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Restorative Justice for Young
Female Offenders Cont.
Despite the many criticism meant to water down the potential of RJ, the
system has positive benefits for young females. The services offered by
RJ calls for promotion to enhance and allow young women to lead “safe,
secure alongside standalone lives” to assist them accomplish economic
self-reliance and secure long-term accommodation, and to provide them
educational alternatives with the aim of a career (Frias-Armenta,
Rodríguez-Macías, Corral-Verdugo, Caso-Niebla & García-Arizmendi,
2018). This will then provide them “legitimate identities, for the
attainment of a meaningful role in the society and to have certain
choice regarding form and direction of lives”.
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Restorative Justice for Young
Female Offenders Cont.
RJ is thus sold as a promising mechanism forward in fight against
crime and it is self-selling as a solution capable of rebuilding pubic
confidence in CJS, decrease rates of reoffending, boost satisfaction
and confidence among victims, and modernize/fully abolish the CJS.
However, the question is; “is there any proof that RJ is working?”
Despite the difficulty in assessing this, rates of reoffending do not
show a full image and possibly never shall as offender might be
arrested in a different nation or could even be caught the next time
round. In regards to the satisfaction among victims, research are
few with vague outcomes (Rafter, 2017).
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Restorative Justice for Young
Female Offenders Cont.
With additional studies and cautious considerate into the matters which
affect the experience of women in justice system, RJ additionally provide a
feasibly more meaningful and constructive solution for young female
offender and one which might never come any soon. A record number of
female committing suicide was observed in year 2003 in prisons, several of
whom were “young female, non-violent, drug takers, and primary carers of
kids and known vulnerable to suicide” Undoubtedly, the current justice
system has collapsed and failed these young female offenders and key
figures are presently recognizing that these problems might be better
addressed-in the society/community.
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