Restorative Justice: A Discussion and Overview of Application with Respect to the Educational Setting - Coursework Example

Section/# Restorative Justice: A Discussion and Overview of Application with Respect to the Educational Setting Thepast several decades have noted a situation in which something of a subculture of justice has developed within schools around the country. It does not take a great deal of analysis to understand that the penalties for misbehavior that are represented within the current system are an order of magnitude more draconian as compared to the penalties for misbehavior that might have been exhibited only 20 or 30 years ago. Whereas there are many societal reasons for why this absolutist approach to punishment has come to be represented, one of the main reason has to do with the adaptation and adoption of the so-called “zero tolerance” policies that have sprung up around the nation. By and large, these policies are ultimately responsible for a large number of students being expelled or otherwise suspended based upon infractions of rules that are ultimately inflexible. Stakeholders within the educational sphere have long pointed to the fact that the approach of the zero-tolerance policies is on and requires a fundamentally new level of engagement in order to effectively address the relevant concerns that are exhibited within the educational sphere at the current time. As a function of this particular analysis, the author will seek to understand and define the concept of restorative justice; at least as compared to how it differentiates from the traditional approach that has thus far been discussed. Essentially, restorative justice attempts to engage individuals on a different level; as compared to the traditional carrot and stick approach to punishment and reward that has been exhibited over the past several decades – specifically within the school systems. Abandoning this “carrot and stick” approach, restorative justice attempts to engage the individual with an overall understanding of the important role that they play with respect to the broader entity. Moreover, restorative justice emphasizes the roles and responsibilities that individual stakeholders have with respect to the institution and how they can operate within a mutually beneficial role (Britto and Reimund 159). Critics of this particular strategy have pointed to the fact that it is ultimately untested; however, this drawback in and of itself is not sufficient to discourage educational stakeholders from considering it as a viable alternative to the traditional method. The underlying reason behind this has to do with the ultimate failure that the traditional method has exhibited and the inability of the zero-tolerance approach to effectively engage the needs of stakeholders throughout the system. The restorative approach is therefore fundamentally different as compared to the traditional approach; and as such, offers the potential to address certain systemic problems that many scholars have indicated exist within the current educational system. With this in mind, the potential to effect lasting systemic changes via the utilization of the restorative justice approach is only one of the reasons for why proponents seek to promote it. Whereas the traditional approach has focused upon a supreme level of respect being placed towards the rules, the restorative approach places a supreme level of importance upon the impact to relationships and the damage that might be caused you individuals. As such, this removes the restorative approach from the abstract sense and focuses it upon the impact that it has in the direct and interpersonal context. Likewise, as the traditional approach focuses on establishing guilt, the restorative justice approach instead identifies need responsibility and attempts to focus a level of accountability and responsibility on the need for repairing harm rather than merely representing the accountable punishment that the traditional approach might necessarily reflect (Armstrong 369). Another direct benefit of the restorative approach as compared to the traditional approach has to do with the overall opportunity for expressing remorse and its role within the process. Sociologists and individuals that have dedicated themselves to understanding human behavior indicate the fact that expressing remorse plays a valuable role in allowing the behavior to be corrected and in seeking to alter a particular behavior (Scheuerman and Matthews 855). Within such an understanding, the traditional approach does not place a significant level of focus on the need for expressing remorse; instead focusing all energies on meting out punishment and ensuring that the rules and regulations are met. By means of contrast in comparison, the restorative approach provides ample opportunity to make amends and to express remorse as a function of healing and learning valuable lessons from the situation that occurred (Restorative Justice 1). The analysis and discussion that has thus far been conducted is extraordinarily important due to the fact that it seeks to address the root cause of the behavior; not merely seeking to punish the behavior as a function of ensuring that the rules are met and the system continues to function. The importance of this particular approach is also concentric on the fact that the restorative approach focuses on the individual and promoting the best interests of the organization, viewed within the context of a group of individuals (Tsui 655). The fundamental shortcoming of the traditional approach has to do with the fact that the view of the organization or group is represented within the abstract sense and is not necessarily encourage the individual to improve their behavior or otherwise make changes that could positively impact upon those around them. Leveraging the resource of restorative justice within the school setting has a greater application than most theorists and scholars might expect. Essentially, the school environment is nothing more than a microcosm of society and utilize as a means of preparing the student for the rigors of life and the difficulties of the real world. Accordingly, even though imparting knowledge to these students is essential and represents a fundamental aspect of what the educational process is directed at, the need to promote community and focus the understanding of the student on the reality that they are part of a larger whole is directly what the restorative justice approach seeks to provide (Toews 15). Additionally, criminologists and others have increasingly pointed to failed policies and means of addressing individual behavioral problems at the school level being at least partially responsible for why repeat offenders within the juvenile criminal justice system, as well as the adult criminal justice system for that matter, represent increased rates of recidivism. Whereas it is necessarily understood by this particular analyst that the restorative justice concept is not a fixed all for problems that might be exhibited within society, it is a valuable starting point towards seeking to make secondary education and more effective, ethical, and beneficial experience to all stakeholders involved (Gilbert et al. 50). Although recommending a new paradigm with respect to the educational system is oftentimes a dangerous position, it is the firm and unwavering belief of this particular student, based upon existing research, that restorative justice could transform the current educational system for the better. As with so many programs that exist only due to the fact that history has reinforced them, the traditional approach that is being applied within schools around the country is clearly inadequate to address the behavioral and sociological dynamics that are reflected throughout society (McDowell et al. 351). As an alternative, the restorative justice approach provides a realistic mechanism by which positive behavior can be reinforced, organizational integrity can be improved, and the cooperation and community of all students involved, whether or not they have somehow broken a rule or whether they are model students, can be improved. With this in mind, it is the firm understanding of this particular student that the restorative justice concept should be widely enabled and pilot programs that engage with it should be begun within major school districts around the nation as a means of determining whether or not the actual implementation of this particular approach could potentially be beneficial in addressing a more systemic and universal problem. Works Cited Armstrong, Jac. "Rethinking The Restorative–Retributive Dichotomy: Is Reconciliation Possible?." Contemporary Justice Review 17.3 (2014): 362-374. Academic Search Complete. Web. 8 Oct. 2014. Britto, Sarah, and Mary Ellen Reimund. "Making Space For Restorative Justice In Criminal Justice And Criminology Curricula And Courses." Contemporary Justice Review 16.1 (2013): 150-170. Academic Search Complete. Web. 8 Oct. 2014. Gilbert, Michael J., Mara Schiff, and Rachel H. Cunliffe. "Teaching Restorative Justice: Developing A Restorative Andragogy For Face-To-Face, Online And Hybrid Course Modalities." Contemporary Justice Review 16.1 (2013): 43-69. Academic Search Complete. Web. 8 Oct. 2014. McDowell, Lana A., et al. "Perceptions Of Restorative Justice Concepts: An Evaluation Of University Housing Residents."Contemporary Justice Review 17.3 (2014): 346-361. Academic Search Complete. Web. 8 Oct. 2014. N.a. "Restorative Justice or Restorative Practices | Fix School Discipline." Fix School Discipline. N.p., n.d. Web. 8 Oct. 2014. Scheuerman, Heather L., and Shelley Keith Matthews. "The Importance Of Perceptions In Restorative Justice Conferences: The Influence Of Offender Personality Traits On Procedural Justice And Shaming." JQ: Justice Quarterly 31.5 (2014): 852-881. Academic Search Complete. Web. 8 Oct. 2014. Toews, Barb. "Toward A Restorative Justice Pedagogy: Reflections On Teaching Restorative Justice In Correctional Facilities."Contemporary Justice Review 16.1 (2013): 6-27. Academic Search Complete. Web. 8 Oct. 2014. Tsui, Judy C. "Breaking Free Of The Prison Paradigm: Integrating Restorative Justice Techniques Into Chicagos Juvenile Justice System." Journal Of Criminal Law & Criminology 104.3 (2014): 634-666. Academic Search Complete. Web. 8 Oct. 2014. Read More