A recent movement in criminology has been the development of “restorative justice.”

 

A recent movement in criminology has been the development of “restorative justice.” Some restorative justice programs seek to find alternative forms of punishment, with the goal of better serving the needs of the victim, offender, and community. Often, punishments involving shame or stigma are utilized instead of incarceration.

Prepare a PowerPoint presentation of 7 slides that will cover the points listed below. Make use of the “notes” areas to elaborate on the brief points presented on the slide.

How effective are policies of shaming and placing stigmas on individuals in deterring crimes?
Critically evaluate the process of restorative justice, and identify barriers to successful implementation. What factors might hinder a restorative justice effort?
Have any restorative justice models proven to be effective in the United States? Provide an example of a program and analyze its effectiveness.
Relate the idea of restorative justice to the impact of attachments, such as to school and social activities.
How can the lessons learned in this assignment be used to improve existing policies?

Sample Solution

A recent movement in criminology has been the development of “restorative justice.”

The renewed attention to shame as a form of punishment reflects two factors. One is the excessive reliance of American jurisdictions on imprisonment for nonviolent offenses. The other is political resistance to fines and community service, alternatives to imprisonment that many see as insufficiently expressive of moral condemnation. Judges have been drawn to shaming punishments as a potentially cost-effective and expressively appropriate alternatives to imprisonment. However, these conventional alternatives fail to satisfy the public`s demand for punishments that effectively express society`s moral condemnation of crime. As philosopher Joel Feinberg has observed, an imposition must do more than make an individual suffer before we recognize it as a punishment. The reason that only imprisonment and not conscription is regarded as punishment is that against the background of widely shared conventions only imprisonment expresses society`s authoritative moral condemnation.

Then finally the last relevant policy when looking at youth justice was the Preventing Offending: Getting it Right for Every Child (Scottish Government 2015) it renewed the government’s strategy. This Framework set out a new shared approach to achieving better and more consistent ways to tackle offending by children and young people based on the Government\’s belief that appropriate action must be taken at the earliest possible stage. The main focus was on prevention; EEI; managing high risk; victims and community confidence; and planning and performance management. It talks to preventing offending in the first place and focusses on supporting and developing the workforce to enable them to better support children and young people. This was seen in contrast to the previous strategy, Preventing Offending by Young People: A framework for action (Scottish Government 2008d), which didn’t give reference to children and young people like the recent modified version and no longer talked to the responsibilisation model of tackling offending behaviour (Barry 2013) This renewed strategy is now consistent with the Scottish Government’s wider policy of the GIRFEC principles and takes into account the United Nations Convention on the Rights of the Child (UNCRC 2008). It is also directly expresses the importance of responding to the needs and deeds of children and young people involved in offending echoing the words of Kilbrandon (HMSO 1995). To conclude it could be said that Scotland is now moving towards a new ‘positive youth justice’ as suggested by Haines and Case (2015) putting the child and young person first and offender second.
The Social Work Role in Youth Justice and Interagency Working
The vision in Scotland with regards to the social work role is that we are responsive to the needs of the people we support and protect, we are accessible and accountable and that we promote social justice (Social Work Scotland 2016).
In Scotland the fundamental job of youth justice is to divert young people aged 12 to 18 years who offend from the adult criminal justice system (CJSW 2011). Services should include EEI, diversion from prosecution schemes and alternative to secure care and custody and all practice should be informed by GIRFEC principles and WSA. Youth justice social workers should also be aware of the practice framework provided by the National Outcomes and Standards for Social Work Services in the Criminal Justice System (Scottish Government 2010a).
There are two quite different and distinct processes in Scotland for dealin

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