Criminal Justice - The Role of Restorative Justice in Reducing Juvenile Recidivism Aditya Saha

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Criminal Justice: The Role of Restorative Justice in Reducing Juvenile Recidivism

Aditya Saha

South Piedmont Community College English 112

Professor Arnold

11 November 2024
Introduction

Juvenile recidivism, or the disposition of offenders when they were young, is still a critical issue

in most criminal justice systems of the world. According to studies, many juvenile offenders

re-enter criminal justice systems due to the punitive nature of current approaches, which rarely

address any causes that result in criminal behavior but rather focus much on punishment with

little or no room for rehabilitation and growth. This paper will argue that one of the most

effective practices to reduce recidivism among juvenile offenders is applying and implementing

restorative justice programs for healing, accountability, and reintegration for better prospects of

success rather than punitive approaches.

Background on Juvenile Recidivism

Juvenile offenders have a unique set of circumstances when they enter into the criminal justice

system. The report by Shook and Lanza-Kaduce 2003 noted that "recidivism rates rival an

all-time high, as the majority of juvenile offenders return to the system within a depressingly

short time since the initial release." Most of them find their way back into an environment utterly

devoid of support or resources conducive to the youth's positive development. Such juveniles,

without rehabilitative interventions, often remain bereft of the requisite skills or counseling that

can adequately help them in their effort to get reintegrated into society, which also increases the

likelihood of their reverting to criminal activities.

The Futility of Punitive Approach


The punitive approach aims to punish offenders with imprisonment or house arrest as a

preventive measure for subsequent offenses. However, juvenile justice has found such an

approach to prove considerably ineffective in reducing recidivism rates. Many juvenile

correctional centers often resemble adult prisons, where the focal point usually is containment

rather than offering an environment that would be conducive and constructive to growth and

rehabilitation. Indeed, as noted previously, the research findings of Shook and Lanza-Kaduce

(2003) emphasize punitive measures are not relevant to addressing the psychological and social

etiology of juvenile criminality. Instead, they can aggravate the problems by encouraging

antisocial attitudes and bitterness.

Restorative Justice: Alternative Approach

Restorative justice is a rehabilitative approach that aims at healing, accountability, and

restoration of the relationship. Unlike punitive models, restorative justice allows offenders to

understand the damage they have caused and fosters empathy toward the victims. Restorative

justice is provided through a stimulating conference, victim-offender dialogues, community

involvement, etc. These programs and policies are meant to enable constructive confrontations

where the offender confronts the consequences of the offense, shows regret, and makes

reparations. Restorative justice, in the case of the juvenile offender, thus allows constructive

rehabilitation rather than punitive rehabilitation, enabling the offender to establish a positive

identity with a sense of responsibility.


Benefits of Restorative Justice on Reducing Recidivism

Study after study confirms that restorative justice is one approach that reduces recidivism.

Bazemore and Umbreit (2001) established that the rate of recidivism for restorative justice

programs was less than that compared with other punitive measures. In this context, juvenile

offenders have reduced recidivism since the justice systems accrue psychosocial benefits from

the practice, such as empathy, self-understanding, and community involvement. Indeed,

restorative justice has managed to help the youths constructively learn problem-solving ways and

ways of repairing relationships with victims of their actions.

Restorative conferencing models offer exemplary restorative justice that allows offenders,

victims, and community members to discuss the hurt caused and agree on ways to move forward

in reparation. Many of these offenders who participate in such dialogues report a changed

outlook. They are allowed to see how their actions have affected real people, which in turn

enables them to feel genuinely sorry for what they have done and gives them the urge to make

things right. It has also been documented that offenders who go through the therapeutic

conferencing process are less likely to re-offend because the process gets their lives back on a

positive and responsible track.

Challenges and Considerations

While restorative justice programs report some very encouraging results, there are some

challenges to adopting such programs within conventional justice systems. The stakeholders

accustomed to punitive approaches can also resist it, and funding and training may become
another limiting factor. Criticism, on their part, also contends that restorative justice may appear

soft before the public, hence undermining its reception as a valid alternative. Research indicates,

however, that far from going easy on offenders, restorative justice requires offenders to take a

more active part and, simultaneously, requires more responsibility for their wrongdoing than

straight imprisonment, often resulting in the process being more demanding than imprisonment.

Conclusion

The disturbing juvenile recidivism rate indicates an urgent requirement for reform within

methodologies adopted by the justice systems dealing with juvenile crime. Restorative justice

emerges as a natural and practical alternative to punishment, a way into rehabilitation that

encompasses healing, accountability, and reintegration. Restorative justice programs can help

juvenile detention institutions promote empathy and responsibility in offenders, thus reducing

recidivism and hence giving the best outcomes for youths, their victims, and their communities.

This is where the limitation of punitive systems could be comprehended by policymakers and

practitioners who open their minds to restorative justice as one sure solution that yields

long-term benefits to society and lowers recidivism rates, thus taking care of juvenile recidivism.

Citations
1. Bazemore, Gordon, and Mark S. Umbreit. A Comparison of Four Restorative

Conferencing Models. Juvenile Justice Bulletin, U.S. Department of Justice, Office of

Juvenile Justice and Delinquency Prevention, 2001.

2. Shook, Jeffrey R., and Lonn Lanza-Kaduce. "Juvenile Recidivism: A Review of

Literature." Journal of Criminal Justice, vol. 31, no. 3, 2003, pp. 127-141.

3. Latimer, Jeff, Craig Dowden, and Danielle Muise. "The Effectiveness of Restorative

Justice Practices: A Meta-Analysis." The Prison Journal, vol. 85, no. 2, 2005, pp.

127-144.

4. Fagan, Jeffrey, and Aaron Kupchik. "Juvenile Incarceration and the Pains of

Imprisonment." The Future of Children, vol. 18, no. 2, 2008, pp. 59-79.

5. Mendel, Richard A. No Place for Kids: The Case for Reducing Juvenile Incarceration.

The Annie E. Casey Foundation, 2011.

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