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Criticism Of Restorative Justice Video

Until We Reckon: Mass Incarceration, Violence \u0026 the Radical Possibilities of Restorative Justice

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The State takes the responsibility upon itself to try and punish the offender. The Accused finds a prominent place in the Criminal Justice System when compared to the Victim and are entitled to a fair trial for the determination of their guilt or innocence. Moreover, the State believes that punishing the offender will act as a deterrent in society, and the frequency of occurrence of crimes would decrease. It works on the Hypothesis that the punishment given to the offender is the only thing that a Victim would ever want. Usually, the current system of Litigation takes a huge toll on the Victim. It takes a large amount of time and resources to conclude a case, and that too without the guarantee of correct deliverance of justice. Also, the customary criminal legal system is more oriented towards the Accused rather than also focusing on the Victim or at least balancing the odds. Arbitration revolves around adjudicating private disputes providing complete autonomy to the parties involved, whereas in the Criminal Justice System, the State restricts the private autonomy for the prioritization of public good. However, just by assuming the role of a parental guardian of the citizens and without the active participation of the public or the concerned victim in the Criminal Trial, the State can never know what the victim was deprived of and what can be done to restore the damages caused. Criticism Of Restorative Justice Criticism Of Restorative Justice

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Criticism Of Restorative Justice

Processing… I'm not interested John Reilly is a retired judge and author who advocates for restorative justice. He just thought it would be a good degree to have. When Reilly graduated though, he took a position doing criminal defence law.

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Reilly applied to the Provincial Court bench when it had an opening, and he was accepted. Reilly worked as a judge in the Canmore, Calgary and Criticism Of Restorative Justice areas, and he frequently had the nearby Stoney Nakoda reserve in his jurisdiction. This awareness led Reilly to an entirely different view of justice and who it served. The accused had relapsed in his alcohol addiction because the tribal government cut funding for his Jusfice. He had been responding well to treatment but the automatic sentence included 18 months in prison — a solution Reilly objected to.

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This case revealed the heart of his issues with the justice system. The move led to criticism from some Indigenous leaders and as a result, Reilly was ordered back to his jurisdiction in Calgary where he could no longer work with the Morley reserve. The case gained national attention and Reilly began learning more about alternatives to European justice such as community justice conferencing. Restorative justice, the concept behind the practice, seeks to heal both the victim and perpetrator.

Criticism Of Restorative Justice

Reilly now believes that jail time should be considered as a last resort and that minimum sentences should be done away with.]

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