The Role of Traditional Justice System - Essay Example

Victimology and Alternatives to the Traditional Justice System Introduction 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). A BJS report, Prevalence of Imprisonment in the U.S. Populations, 1974-2001 revealed that at the end of 2001, one out of 37 adults (2.7%) living in the United States had at a point in his or her life been to prison at least once. The imprisonment rate of adult black, Hispanic and white males are 16.6%, 7.7% and 2.6%, respectively. 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). Shaming, peacemaking strategies, restorative justice, and victimology are alternatives to the traditional justice system which this paper aims to examine. Shaming 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. It is an intense emotion where the person experiencing it may feel a strong sense of worthlessness. 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 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. Restorative Justice 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 diversion from court, pre-sentencing option and following the release of a person from prison. Family welfare and child protection matters and workplace disputes can, likewise, be handled by restorative justice ("Restorative justice," 2006). Pre-modern societies may have demonstrated justice practices with elements of restorative principles such as restitution or compensation. In the 1970s, the idea began to immerge in North America. The victim-offender reconciliation is a program in Ontario, Canada developed in 1974. This was followed by similar programs in other parts of North America and in Europe ("Restorative justice," 2006). Based on family group decision-making with the integration of Maori approaches in handling children-involved criminal cases, a different model of restorative justice emerged in the Antipodes which was first introduced in New Zealand in 1989. This was then adapted by Australia, the United States, Canada, the United Kingdom, Ireland, Singapore and South Africa. The difference of conferences from victim-offender mediation schemes is that conferences involve more community people, consider a wider range of aggrieved parties and include the participation of the offender's family members ("Restorative justice", 2006). Restorative justice is gaining ground internationally especially in New Zealand when a progressive legislation in 1989 was enacted mandating young offenders to join family group conferences. This became the government's springboard to create a corresponding legislation for adult offenders. With this, the New Zealand community is taking up the challenge warranting its new found position in the criminal justice system (Barrister, 2002). Recognizing family as the key to social stability, the Children Young Persons and Their Families Act 1989 was also established. In the past, the family is the one held responsible for the social violation not the offender. The CYPF Act employs a justice system that is more culturally sensitive and suitable for the youth at risk. It was actually a revision of "welfare" based Children and Young Persons Act of 1974 (Barrister, 2002). Peacemaking Strategies Conferencing is both a peacemaking strategy and a restorative justice practice that was introduced at KVH to teach peaceful conflict resolution to housing residents through empowerment and morality thereby decreasing future criminal behavior (Maxwell, 1996). Conferencing mainly founded on ideas from New Zealand's Maori traditions is also practiced by different indigenous groups such as the Hawaiians, Native Americans and Native Canadians (Shook, 1985, Schiff, 1998; Walker, 2000). Conference participants namely the victims, offenders, family/friends of the victims and offenders and the affected community sit in a circle. Facilitated by a neutral third party, the conference constitutes four phases. First, the offender admits what he/she did and explains the cause and effect of his/her actions or behavior. Second, the other members of the group discuss how they were affected by the crime. Third, the group decides for a possible solution for reconciliation that can correct the wrongdoing and repair the harm done. Finally, a written agreement is drafted and signed by all participants. The meeting concludes with a ceremonial breaking of bread where they eat and share cake, cookies and juice together (Walker, 2000). The four phases of conferencing presents a powerful strategy in preventing crimes. The first step where the offenders take responsibility in his/her behavior helps develop healthy self-efficacy and promotes awareness that they, the offenders themselves control their actions (Bandura, 1977). The confession of how other people were affected and harmed by the action upholds empathy and potentially prevents repeat offenses notably for the youth (Goldstein and Pentz, 1984). In addition, moral development is more likely in such a group consensus decision making practice. Not to mention reintegrative shame involved in the conference (Braithwaite, 1989). The participation of the offender's supporters is an important aspect of conferencing as it gives a sense of belonging for the offender. This communitarianism allows the offender to conform more to community standards and prevents repeat offenses. It is worth to note that in conferencing, the offender is judged based on his/her behavior not on his/her personality (Braithwaite, 1989; Walker, 2000). Conclusion Prevailing criminal justice system has become inadequate to the needs of the victims, offenders and their community and failed to acknowledge human relationships as a central element for many cultures and communities. Important issues like cultural values and what is really in the public interest, the community and particularly the indigenous community remains at risk as the justice sector continues to disregard these factors. In this light, alternatives namely shaming, peacemaking, victimology and restorative justice proves to be more effective in fighting crimes. It humanizes the justice system and brings back the value of optimism which is "vital for individuals to develop resiliency and coping skills" (Seligman, 1990). Restorative justice, for instance, recognizes an opportunity of transformation and change of heart for the offender and seeks to reconcile the harm done to the victim. Crime should not be tolerated and whoever committed such an act should be held liable to the victim and to the community (Barrister, 2002). Among the alternative justice system presented, conferencing seems to be the most effective and accepted and is a better deterrent to crime. In spite of wrongdoing and harm, people opt for a peaceful reconciliation leaving a feeling of hopefulness. It is a process that is fair and objective, and allows victims, offenders and the community to heal and move on from the scars of the criminal act experienced. "Conferencing is a group process that can build community out of wrongdoing" (Walker, 2000). The justice system has been established to serve as the weighing scale of criminal action perpetrated by man. The traditional system, however, may not be as effective as it should be and therefore calls for a need of change. The alternative justice system tries to bring the human element on how it examines criminal acts which makes it more helpful in averting crimes. In the end, it boils down to the idea that we are all humans, we commit mistakes and we deserve second chances. References Bandura, A., (1977). Self-efficacy: Toward a unifying theory of behavioral change. Psychological Review 84, 191-215. Barrister, Helen Bowen. Restorative Justice and Alternatives to the traditional criminal justice system. Recent Restorative Justice developments in New Zealand/Aotearoa. International Bar Association Conference 2002. Durban, South Africa Braithwaite, J., (1989). Crime, Shame and Reintegration. New York.: Cambridge University Press. Goldstein, A. and Pentz, M. (1984). Psychological Skill Training and the Aggressive Adolescent. School Psychology Review 13, 311-323. Raspberry, William. Failure Of Criminal Justice System Is Of NASA Proportions. Washington Post 01 Sept 2003, Retrieved 22 May 2006 from http://www.november.org/stayinfo/breaking/Raspberry.html "Shame" 22 May 2006. Wikipedia. Retrieved 22 May, 2006 from http://en.wikipedia.org/wiki/Shaming Schiff, M. (1998). Restorative Justice Interventions for Juvenile Offenders: A Research Agenda for the Next Decade. Western Criminology Review 1(1). [online]. Available: http://wrc.sonoma.edu/vlnl/schiff.html. Seligman, M. (1996). The Optimistic Child. NY: HarperPerennial. Shook, E. V. (1985). Ho'oponopono: Contemporary uses of a Hawaiian problem-solving process. Honolulu: University of Hawaii Press. "Restorative justice" 2006. Australian Institute of Criminology. Retrieved 22 May, 2006 from http://www.aic.gov.au/rjustice/international.html "Victimology" 5 May 2006. Wikipedia. Retrieved 22 May 2006 from http://en.wikipedia.org/wiki/Victimology Walker, Lorenn, J.D., M.P.H. A Hawai'i Public Housing Community Implements Conferencing: A Restorative Approach to Conflict Resolution. Journal of Housing & Community Development, Nov/Dec. 2000. Retrieved 22 May, 2006 from http://www.lorennwalker.com/articles/kalihi_article.html Zehr, H., (1990). Changing Lenses. Scottdale, PA: Herald Press. Read More