There are emerging questions and arguments challenging the role of traditional justice system in preventing crimes. Traditional justice has been with us for quite a long time now but considering existing imprisonment statistics, it seems that there is a need to look into other alternative approaches when dealing with crimes (Zehr, 1990; Walker, 2000)…
And these values would soon drastically increase if nothing would be done about it (Raspberry, 2003).
The current justice system is basically grounded on retributive values wherein justice determines the crime or violation, then enjoins the victim, offender and the community to reach solutions of "repair, reconciliation and assurance" (Zehr, 1990;Walker, 2000).
Anthropologist Ruth Benedict states that the emphasis of using shame or guilt to control social activities could be a way of categorizing cultures. Some Asian cultures like China and Japan are considered shame cultures in contrast to European and modern American cultures like the US which is said to be "guilt-based." To illustrate, traditional Japanese and Ancient Greek society put more importance to the social consequences of "getting caught" than the feelings of guilt of the offender ("Shame," 2006).
The violation of shared opinions and expected behaviors causing the feeling of shame has proved to be efficient in guiding society's behavior. Shame is used against relational aggression and is considered effective in marriage, family and church settings. Also, it is used in the workplace as a form of covert social control ("Shame," 2006).
Shame is considered as a pillar of punishment. ...
This overwhelming feeling could prevent a person from ever committing the same offense. Thus, on these premises, shaming is believed to be helpful in crime prevention ("Shame," 2006).
Victimology is a multi-disciplinary field covering sociology, psychology, criminal justice, law and advocacy, which identifies and explains how certain factors such as lifestyle affect the incidence of a crime. To cite an example, a "streetwalker" prostitute is very vulnerable to various risks of attacks. There is high incidence of violent crime which often is unresolved involving these people. Victimology then, in this case, may study the social background, legal status of prostitutes, living conditions and risk factors among others ("Victimology," 2006). This provides a better understanding of why crimes are committed and particularly puts some responsibility on the victim rather than simply pointing the blame to the offender. Crime is influenced by a lot of factors and the science of victimology impart the idea that a crime committed doesn't entirely revolve around the offender and his/her motives but may also be triggered by the victim.
Due to incompetence of the current justice system, restorative justice which began evolving around 15 years ago is seen as one alternative (Walker, 2000). The concept, which is presently recognized in North America, Europe, Australia and New Zealand, is coupled with different practices like conferencing, sentencing circles and victim-offender mediation scheme. The repair of the harm caused by the crime may be achieved by holding moderated meetings with the victims, offenders and other parties affected. This practice can be used in the justice system as a ...
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The husband makes light of the abuse and puts her down of being concerned or does Mrs Smith feel guilty about causing pain to her family or about her being the cause of her family splitting apart. This is one of the primary reasons why a woman will stay in a violent relationship.
These criminals are serving time for such crimes as murder, assault and robbery. The remaining other half, which is around 52 percent, are primarily property, drug and public order offenders. Vandalism, trespassing, possession and sale of stolen property, larceny, motor vehicle theft, and burglary are common property offenses.
shall adopt measures for dealing with such children without resorting to judicial proceeding, providing human rights and legal safeguards are fully respected. It shall ensure that children are dealt with in a manner appropriate to their well-being by providing for, among others, a variety of disposition measures such as care, guidance and supervision orders, counseling, probation, foster care, education and vocational training programs and other alternatives to institutional care.3
, to reduce both the use of detention and the prison population” and the “use of alternatives to imprisonment for offenders.” (United, 1995) From all corners of the globe – from rich to poor countries - it is apparent that even with gravest penalty imposed – lifetime
The author states that the set of rules for which each party may present their side of a case goes to the heart of the adversarial system of justice. The rules, mainly through legislation, dictate how a case may be presented and at what stage of the proceedings certain aspects of a defendant’s or prosecutor’s case may be laid out.
f the BatteredWifeSyndrome, stage 2 of guilt or the Power and Control Wheel?(BWS, Power&Control) The husband makes light of the abuse and puts her down of being concerned or does Mrs Smith feel guilty about causing pain to her family or about her being the cause of her family
Many more violent crimes carry mandatory prison sentences than non-violent crimes, and many of those in prison for non-violent crimes are there because they had a repeated history of such crimes (Durose and
With this system, justice gets served when the most effective adversary gets to convince the jury or the judge that his or her point of view on the case is the correct one. It is a two sided structure where both the accuser and accused get a chance to explain their views and defend what they believe is the truth.