Criminal justice system Research Essay

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All nations have implemented a criminal justice system as of late. This method prioritizes penalizing the offender. On the bases of creating social misfits, the system is frequently and accurately described as criminal injustice. The offender and the victim do not reconcile and embrace one another. In the end, a degree of hostility between the two emerges. Stigmatization brought on by this kind of shame leads to the growth of more illegal subcultures. To promote a healing process, it is important to reintegrate those who have harmed others into society. However, if stigmatization dominates, it's likely that the offender will become more resistant and ultimately isolated from society. Societies with the most minimal crime rates often effectively shame criminal conduct. The reason is that their focus is on restorative shaming in which recognition of human dignity and communitarianism takes center stage. In this approach to criminal justice, victims and offenders go into a reconciliation process which eventually brings integration and enhances attachment. A strong attachment is a sure way of prohibiting future antagonism between the warring groups. Therefore, according to Braithwaite’s claim, the lesser the crimes, the lesser the number of offenders and the higher the chances that the society becomes a lot more interdependent. At such an instance, a feeling of belonging, relying, and being relied on causes increased integration and therefore, an effective way of shaming.

On his view, author Braithwaite is justified to view building more prisons as a way of increasing crimes. There is a stronger attachment to criminal subcultures when individuals become social misfits. When the bond has been created, prisons cannot break, rather, making those convicts to feel part of the society. When everyone feels that they are viewed as prisoners for being criminals, the stigmatization effect tends to embed more onto that person. However much such a person tries to fit their community, the law-abiding citizens will always see the offender as a criminal. The result is that the convict tends to do more criminal activities, and on the process involves more people. If societies focused purely on restorative justice, taming the likelihood of spread of criminal subcultures would be easier.

There also has been a dire lack theoretical imagination of criminal justice. The physical approach to taming criminal activities must be understood properly before implementation. Just the way that any physical process has some underlying theory, to achieve a proactive and workable justice system, all law and order and corrective institutions must take an imagination of the outcomes of the disciplining methodology. Lack of theory on corrective measures has resulted in creating a more hardy generation of the young and energetic population (between 15 and 25 years). An age bracket that tends to associate itself with the social grouping where they feel accommodated. In that sense, this generation is vulnerable to the enticements of criminal groupings. This way, achieving criminal justice is becoming more of a dream than a reality.

Laying focus on restorative justice, it is very possible to create an integrated society. Restorative justice shows that if shaming is done with a view of reintegration, the result is low crime rates. Restoration is where shaming is followed by activities that decertify a convict from being a social psychopath by encouraging communitarianism. This approach brings interdependency condition alongside reintegrating the offender into the society. A sense of dignity, therefore, sets in since that person has not been jailed, rather punished at the society level. Basically, the distinction between an imprisoned offender and a socially punished one is just like day and night. Ranging from the youngest to oldest person, everyone is made aware of an imprisoned offender. On the contrary opinion, a socially punished person would be known within their community. This means that a restored person does not lose their dignity and the damaged part of their personality in the eyes of the society is quickly recovered. However, even an imprisoned offender can be restored into the society by ceremonies that decertify them from criminal practices.

On the part of criminal victims, restorative justice is a big portion of the pie. There is a feeling of guilt and shame when, say, someone had been raped. In such a scenario, working around the clock to restore the social status of that victim is the work of restorative justice. When both the victim and the offender are brought into consensus, there is a mutual feeling of forgivingness, unlike criminalizing the offender which sharply brings a divisive point of view. Therefore, restorative justice restores the victim by creating a peaceful situation which brings a state of settled mind and a kindly forgiving heart. The victim does not hold onto rough memories of the past but focuses on a bright future because they have no tension within themselves.

Offenders need a solid social support for them to reform fully. Back biting brings in seclusion and a hurting situation. For that purpose, offenders, either convicted to serve jail term or socially punished need to feel like part of the society in which they live. There lies the basis of humanity. Failure to get the attention the offenders need throws them to the other side of the coin. They form funny cults that deliberately go against the ethical and social standing and teachings of the society. Therefore, it is very necessary to offer back up and unwavering support to offenders.

However, there are some cultural forces that hinder restorative justice. The essence here is on what the particular society holds as moral values and ethics. In the Japanese culture, for instance, there is a height of socialization that is both amateur and amayakasu, in which case, one nurtures others as they are being nurtured. In such a society the cultural practices are prudent enough to support restorative justice. However, in some other societies, cultural values regard law breakers as outcasts and a crucified in public. Some laws in some countries distinctly state that some criminal offenses are punishable by death. In such a society, everyone is socialized to that kind of treatment. It has become a social force and therefore, influencing people to adopt restorative justice is quite hard.

New Zealand Maori regards our system of justice as barbaric because it is inherently is racist. According to these population, the justice system should be dynamic and universal. They are a group of New Zealand’s population which hold traditions and language as their identity. In their tradition, restorative justice takes the center stage. Therefore, racist justice system serves the modernized class while referring to the indigenous population as social outcasts as per modernization. It destroys humanity instead of creating a human out of wrongdoers.

Finally, restorative justice can thinly have its way in present industrialized societies. An overview of the industrialization of the world gives a quick reminder to the proceeds of the cold war. After this kind of war, most world societies became capitalists in economic approach. They are mindless about the average earning person and the low class. From this point of view, communists have tended to care for their community members but resulted to backwardness. The highest world population has become advocates for a free society in order to make their way for businesses. The critical sense in this approach gives us barely any chance to have the restorative justice system. However, some prison and corrective forces have tended to make efforts to create humanity from inmates. Although they have tried it, achieving an amicable level of restoration is still a deep dark dream.

July 15, 2023

Law Culture Sociology



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