Restorative Justice: Process and Outcomes

Restorative Justice: Process and Outcomes Should restorative justice be defined as a process or a set of outcomes? Restorative Justice rather than relying on judges to sentence offenders, places great emphasis on the importance of reparation and gives a role to the victim of the crime and the wider community. (Newburn, T 2013:768) When it comes to the debate of how restorative justice should be defined, either as a process or a set of outcomes it could be said that while they both have legitimacy, restorative justice can only be defined as one or the other. There is a great disagreement among critics on whether the emphasis should be placed on the outcome or the process. A definition of restorative justice that highlights the importance of both restorative processes and outcomes is, restorative justice is a theory of justice that emphasizes repairing the harm caused or revealed by criminal behaviour. It is best accomplished through cooperative processes that include all stakeholders. (Van Ness and Heetderks Strong, 2006:43) Marshall (1996:37) whos definition is most frequently quoted said that restorative justice is a process whereby parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of the offence and its implications for the future. Within this definition 3 core elements of restorative justice are identified. Zehr (2003) stated that the first element is that harm must be healed, restorative justice views crime as harm done to people and communities. It seeks to repair the harm caused by offenders. The second being that violations create obligations, offenders must understand their wrongdoing and restorative justice wants offenders to accept responsibility for their actions. The third element being engagement or participation, relationships are the focus, it is the crime that violates these relationships and restorative justice needs to repair them. The main aim is to mend, restore and build. Dignan (2005, cited in Newburn 2013:771) suggests that Marshalls definition is of very little value for several different reasons, one being it characterises restorative justice as a particular type of process but fails to focus on outcomes, in doing so raises the possibility that undue attention will be paid to questions of equality and fairness. It also fails to consider outcomes by diverting attention away from those cases where restorative justice processes may be inappropriate but where its values and aims may still apply. the process based definition of restorative justice is at best incomplete, because it has nothing to say on the subject of restorative outcomes (Walgrave, 2002:174) this is because there is no direct involvement from the victim needed therefore there is nothing restorative it is just an outcome. Restorative outcomes may include, restitution, reparation and reintegration. It can be argued that a restorative process may not necessarily result in a restorative ou tcome. For example, within restorative conferencing where a direct victim is not present or participating, decisions on outcomes may be left to state regulators. Walgrave argues for an outcome-based definition of restorative justice for example as an option for doing justice in the aftermath of crime that focuses on repairing the harm and suffering caused by the crime rather than preserving an abstract legal order. (Newburn, 2013:772) The victim is seen to be a central stakeholder, who holds an important role in shaping both the process and outcomes of restorative justice. Victims want information about the processing and outcome of their cases, answers to their questions, empowerment and vindication. The process of restorative justice is to meet the needs of crime victims that are not being adequately met by the criminal justice system. Victims may feel ignored or neglected by the justice process. Victims need answers to questions they have about the offense, why has this happened to them? Victims often feel like control has been taken away from them by the offense. Involvement in their own case can be an important way to return a sense of empowerment to them. Restitution by offenders is often important to victims this may come in the form of an apology. (Zehr 2003:18-20). However there are potential dangers when it comes to the victim they may simply become a mere prop used in a process rather than being an empo wered participant. The community is another stakeholder that is considered to be vital to restorative justice. There is a risk of domination, authoritarianism and vigilantism. In N Ireland a restorative justice process was set up in order to stop paramilitary punishments that were being carried out. Braithwaite (1996 as cited in Newburn, 2013) said there are 3 levels at which it is possible to conceptualise the process of restoring community through restorative justice practices. At a micro level it involves those who are close to both the victim and the offender. At a meso level restorative justice helps to foster a sense of community within institutions such as schools, churches and so on. Lastly at a macro level it helps to focus attention on designing institutions of deliberate democracy. Communities need from justice, attention to their concerns as victims. Opportunities to build a sense of community and mutual accountability. Encouragement to take on their obligations for the welfare of their mem bers, including victims and offenders, and for the conditions that promote healthy communities. Community also want assurance of not to repeat the same and preventive actions. (Zehr, 2003:22) The offender is the third stakeholder that is consider to be of value in the restorative justice process. offenders need the opportunity to take responsibility for the harm caused by their behaviour towards victims. Offenders need to take away from the restorative justice process, accountability that addresses the resulting harms, encourages empathy and responsibility, and transforms shame. Encouragement to personal transformation, including healing for the harms that contributed to offending behaviour, opportunities for treatment for addictions and/or other problems, and enhancement of personal competencies. Also encouragement and support for integration into the community (Zehr, 2003:21). Restorative justice aims to help prevent the offender from reoffending again in the future. Being able to face their victims in a restorative justice process provides a chance to also develop empathy and remorse while also having input into the process. Offenders can complete this process threw co mmunity service or by issuing an apology to the victim. Crawford and Newburn (2003, cited in Newburn 2013) stated that in order for there to be a restorative process, stakeholders involved rely on four forms of restorative justice practice. These practices are victim-offender mediation, conferencing, sentencing circles and community boards. This group of practices has in common a process where the offender, victim and other members of the community meet together to consider the impact of a crime or harm on victims and communities and try to develop a plan to repair this harm that meets the needs of those affected. In Northern Ireland, diversionary youth conferences are used as a form of restorative justice. If the offender admits their guilt, then the Public Prosecution Service decides that there must be a conference involving the victim and the offender. Participation in conferences are voluntary. The offender is given the opportunity to discuss the offence and what he/she is prepared to do to repair the harm caused to the victim. The victim is given the opportunity to tell the offender of the impact the offence has had and what they feel should be done to repair the harm. This may for example include an apology or reparation to the victim or community. (Public Prosecution Service N.I. 2008). Youth Conferences provide an effective, fair, proportionate and restorative response to those offending which provides satisfactory outcomes for victims. The aims of a youth conference are about repairing relationships, making amends and to be able to reintegrate back into society. To conclude it could be argued that when it comes to defining restorative justice as a process or outcome it can cause disagreement amongst critics. Gavrielides (2007) stated that those who agree with a process-based definition, tend to limit the scope of restorative programmes to cases that are considered appropriate for a restorative justice intervention or to those in which both parties are willing to participate and abide by the ground rules. However, restorative programmes may appear in different shapes and forms. By adhering, therefore, to a definition that understands restorative justice as a process, we risk excluding the mostly restorative and partially restorative programmes. And this is only one of the limitations of this approach. On the other hand, those who agree with the definition of outcome-based definitions risk stretching the concept to include programmes for example community service, which although may in the end result with restorative outcomes, they might not b e carried out respecting central restorative rules.

Learning to Cope

Davon Daniels Professor Moss English 1500 11/20/12 Draft 2 Learning to Cope Just about everyone has lost that one person that they really care about and they know that everything can change at the drop of a hat. Death is an unexpected occurrence that could sometimes have long lasting mental and physical effects on people. In the play Down the Aisle by Patricia Leigh Gaborik a young girl Katie and her family are learning to cope with the death of their loved one.People handle the death of a loved one in different ways, and Katie tries to handle the death of her father by holding on to all the good memories she had of him. Not only is Katie deeply affected by their lost but the rest of her family is learning to cope with their lost by taking on different roles when he pasts. The father is a symbolic character in this play because he is the rock of their family, because he is strong and dependable. Each character in the play experiences different conflicts and changes in their relations hip after losing the person they all loved the most.One conflict experienced in the play is the relationship between Katie and her mother before and after the death of Katie’s father. Katie and her mother don’t have the best relationship and at times it seems that Katie wishes that she would’ve been in the car accident with her father. This is a conflict because it seems as if Katie may blame her mother for the death of her father for making him go out while she stayed at home and took care of Katie. This causes a lot of tension between Katie and her mother because she also feels as though the death of her father might also be her fault.At the end of the play Katie and her mother appear to be closer to each other and her mother even apologizes for the things she’s done in the past and talks about Katie’s father. This is important because after years of not really speaking about him it shows that their mother is just starting to cope with his death. Her mother states in the play â€Å"I know you always thought I did everything wrong† (pg. 251). This shows that even though she knows they didn’t have the best relationship in the past that she’s trying to be there for her and only wants the best for her.Katie and her brother Joe has a typical brother and sister relationship they argue a lot but at the same time they care for each other. At times Joe even calls his sister Katie a brat but still offers to do things for her. The death of their father changed their relationship because Joe seems to be the person that now holds the family together. This appears to be Joe’s way of coping with his father’s death because he feels as if he has to be strong for both Katie and his mother and take on the new role of the man of the house. Joe: â€Å"What d’ya think?!Mom! The music’s started! You have to get to your seat! Aw, mom. I told you not to say that stuff. You said it, didn’t you ? You’re crying! Come on! Happy. Happy! Are you happy? See, she’s happy. Everybody’s happy. It’s a happy day. Let’s go! Let’s go! This quote is a great example of how Joe keeps everything together as everyone starts to breakdown; he represents the new rock and strength of their family. Katie’s relationship with her father is the most important because out of everyone in their family she had the closest relationship with him.A major conflict in the story is that Katie after these past years still can come to terms with her father’s death. On her wedding day as she’s preparing to walk down the aisle she in visions herself having a conversation with her father and reminiscing about all the good memories they shared. Katie says â€Å"I don’t understand you’re supposed to be the one I can count on† (pg. 247). This quote shows that even though Katie may not entirely get over the death of her father but she is slowly getting to the point where she is learning to deal with it.At the end of the play the conversation between Katie and her mother helps her come to terms with the death of her father because that was first time that they have actually had a conversation about him. Someone who hasn’t lost someone they really care about may not know how it feels emotionally to overcome the death of someone they love but death is hard to get over and not everyone gets over it quickly. The overall theme of these conflicts is that everyone learns to cope with the death of someone in their own way and at their own time. For Katie the wedding shows her starting a new beginning not only for her but for her family as well.

Virtual Business Solution

Virtual Business Solution' is a large touch screen products industry in Australia. We are a three years old company with 100 employees split into specialized teams for maximum efficiency. We are based in Brisbane and offer our providing quality products, including tablet, smartness and laptops all across Australia.Aim to expand our business internationally in order to live up to the ‘solution' aspect of our company name, but in order to do so we must first develop our brand within Australia. 2 Analysis of Issue McKinney & Company (2014) propose lean management is described as Focus on the delivering the maximum of value, trust and enable the team to organize their operation, implementing a continuing improvement culture and with a shared vision. Companies reduce returns from years of cost cutting. Managing vendors now consumed many of the gains from outsourcing.Products, were no longer ‘low price', ND Just can't keep it low. Because of keeping up with latest IT technology , and causing barge issue(David J, Feb. 2014, Para. 2). However IT technology is required, on finding ways to do things better, including management. Issues in maximizing customer satisfaction, is a challenge for many companies. The problems were avoidable, however underlying causes went unaddressed, and negative affect to customers. Consistency is the key to making customers happy, which is the aim of this organization.Research by McKinney & Company (2014) suggested that evaluating he customer Journey is 30% more predictive of overall customer satisfaction than individual touch points, which makes increasing customer satisfaction easier to do. Even more importantly, Seeking, T (2013) suggest that improved satisfaction leads to increased customer loyalty. Loyal customers are likely to retain our service and recommend our service to others, thus increasing our customer base and generating more business. By focusing on its strengths, its key customers, and the underlying values they n eed. But, focusing employee is also managers' Job.When an employee is n unwell condition, it can cause decrease in value efficiency to customers. â€Å"Reducing Work Related Stress† (2014) suggests unhealthy levels of stress can also affect work colleagues, the local manager as well as the person's family and friends. Research by McKinney & Company (2014) suggested that work-related stress cause by 3 factors; high professional demand, low control and low social support. Means that stress is more likely in large companies than small ones. Stress small organization dropped from 56% to 46%, where large companies 67% dropped to 54%.Proofed management ere cause of stress. The organizations that work efficiently can provide them support mechanisms so that they can truly master their work. Furthermore Dunn. F (2014) suggested that good relationships in workplaces, prevents stress. When the employees are happy with what the manager does, understand his or her challenges and participa te actively in solving the problems, the manager will have less stress. 3 Conclusion BBS is such a vendor. It serves its clients as a trusted ally, providing them with the loyalty of a business partner and the economics of an outside vendor.

Summaries of Articles Business Law - 1170 Words

1 Lindh v. Surman (742. A. 2d 643 (Sup.CT.PA.1999)) chap 23 August 1993, Rodger Lindh proposed with a $17,400 engagement ring to Janis Surman. Two months later the engagement was broken with a mutual understanding. Rodger and Janis reconciled, with Rodger again proposing with the same engagement ring, which Janis accepted. Unfortunately a year later Rodger broke the engagement off again and asked the ring back. This time however Janis refused to give back the ring. Rodger sued and Janis appealed. The main purpose of this article is to decide whether the receiver of an engagement ring must return the ring or its equivalent value when the donor breaks the engagement. Pennsylvania law treats the giving of an engagement†¦show more content†¦Judgment is in favor of the Huberts. 3 MDM Group Associates, Inc.v. CX Reinsurance Company Ltd. 165 P.3d 882 (Colo. Ct. App. 2007) ch 35 MDM group is an insurance broker; they developed a program for insuring ski resort against the risk that the number of â€Å"paid skier days† would fall below a specific minimum. CX Reinsurance is one of the companies that agreed to offer this type of service for one year (starting 1997-1998). The first two years there were no claims; unfortunately, the season 1999-2000 was very low for the insured resorts, as the resorts claimed for their right of receiving some of the money that they lost due to the weather conditions, CX declined to renew the insurances policies after the year expired. MDM initiated action against CX for breaching fiduciary duty claims. CX defended themselves by saying that a principal cannot owe a fiduciary duty to an agent as a matter of law. At the end the jury found for MDM and awarded it $6750783 in damages 4 ABKCO Music Inc. v. Harrisongs Music, Ltd. 722F.2d988(2dCir 1983) ch35 In 1963 a song called â€Å"He’s So Fine† was a big hit, the holder of its copyright, Bright Tunes Music Corporation, sued in federal district court, G. Harrison and Harrisongs Music, Ltd. Bright Tunes claimed that Harrison’s song â€Å"my sweet love† (handled by ABKCO Music inc) infringed its copyright to â€Å"He’s so fine†. Bright Tunes didn’t resume the suit until 1973; at this time theShow MoreRelatedInformation Security Plan Survey Essay1627 Words   |  7 PagesThe application package provides you with the following information: For your application to this program you are asked to prepare a high-level summary of an information security program. Your summary should demonstrate that you are able to read, understand, apply, and write about common information security concepts at the  apprentice level. Your summary must include an analysis that addresses strategic fit (how well the information security program supports the organization’s goals and objectives)Read MoreBusiness Ethics in India and Brazil1729 Words   |  7 PagesThe two articles, which are from the same source, I have selected provide excellent summaries of the business ethics in the two countries selected, they are a guide to people wishing to do business in these two developing and fast growing nations. The countries I have selected are India in Asia and Brazil in South America. Both of these countries are part of the BRIC (Brazil, Russia, India and China) group of countries which represent 4 of the fastest growing economies in the wo rld, as such thereRead MoreCompany Directors Of The United Kingdom : Annotated Bibliography1437 Words   |  6 PagesBIBLIOGRAPHY 1. Newspaper Article Blitz R, ‘Former Rangers FC owner banned as director’ Financial Times (London, 30 September 2014) accessed 14 November 2016 This newspaper article brings out a good practical example of the law of disqualification of directors in the United Kingdom. Craig Whyte has been disqualified from being a director for 15 years; the maximum number of years a director can be disqualified, because he failed to avoid conflict of interest. The article sets out details of hisRead MoreBattle Between Uber And Hillsborough Regulators Goes Public1302 Words   |  6 PagesArticle #1 Battle between Uber and Hillsborough regulators goes public http://www.tampabay.com/news/transportation/battle-between-uber-and-hillsborough-regulators-goes-public/2195662 Comment #1 SUMMARY There is a conflict in interest between Uber and the Hillsborough County Public Transportation Commission. Uber is a company, which enables people to book rides by using a smartphone app, where customers can pay by credit card directly. Recently, Uber was attacked by PTC. Since Uber does not meetRead MoreThe Role of Women in Developing a Country1561 Words   |  7 Pagesshvoong.com The Global Source for Summaries Reviews * Sign up * Sign In * Use f * Write earn * Category Languages Search Ãâ€" Sign up Use your Facebook account for quick registration Sign up with Facebook OR Create a Shvoong account from scratch Create your account Already a Member? Sign In! Ãâ€" Sign In Sign in using your Facebook account Sign in with Facebook OR Not a Member? Sign up! Ãâ€" Sign up Use your Facebook account for quick registration Sign up with Facebook ORRead MoreBusiness And Human Rights : The Evolving International Agenda By John Gerard Ruggie1504 Words   |  7 Pages Article Reflection and Case Summary 2 Tong, Yiran (Nina) #3480572 University of New Brunswick, Saint John MBA 7102 Deryk Stec Jan 29, 2015 â€Æ' Article Reflections Business and Human Rights: The Evolving International Agenda by John Gerard Ruggie Summary and background This paper analyzes the development of human rights and business in an international view, states the factual issues, and provides strategies to improve the existing realities. The article explains the conceptual challenges toRead MoreDifferent types of Psychology analysis1034 Words   |  5 Pagesunderstanding of five articles Psychology based. By Ryan A McDougal Athens Tech Student 1/19/2014 Abstract After reading five articles on perspective, free will, behaviorists, supernatural, and theories I compelled a body of summaries of what I read as well as how I feel they all mean to me. They all use different parts of psychology to explain different forms of study and ways to view the nature of what psychology has become. In the field of business in which I amRead MoreSummary A Louisiana attorney is constantly asked by non-Louisiana peers if the state ever adopted700 Words   |  3 PagesSummary A Louisiana attorney is constantly asked by non-Louisiana peers if the state ever adopted the Uniform Commercial Code or if they are still using the old, outdated, Napoleonic Code. Though Louisiana has stark interpretations of the relevance of the UCC, the state has adopted the code in piecemeal. This article is a partial synopsis of introducing readers to a few of the concepts of UCC as adopted by Louisiana compared to the existing principles of the law of sales. Key Learning Points TheRead MoreEssay645 Words   |  3 PagesIn the last 20 years, a significant amount of research on franchising has been conducted in various disciplines, including economics, law, management, marketing, and management science. A major goal of this article is to provide a comprehensive overview of the existing literature. A second goal of this article is to enumerate steps that can be taken to improve both the rigor and relevance of franchising research. Since this represents an initial overview of a very broad research field, we have notRead MoreAmericans with Disabilities Act779 Words   |  3 Pagesand Website Layout: The CATO Institute has afforded the public with myriad resources, regarding disabilities, education, child policy, welfare, government and politics. This website is fraught with publications, informative videos and commentary. Summary of Contributions: In essence, the CATO Institute has invariably aided the public, including segments of the population who have suffered from a disability. Their concerted and thoughtful efforts have empowered the masses with attainable information