Assignment:
Accountability to Victims
Emma, who was introduced, has just been carjacked by Dante and Jordan.
Within a few minutes, a man walking home from work sees Emma bleeding in the parking lot and calls 911. Emma is transported to the nearest hospital, where her injuries are treated. After being released from the hospital, Emma has chronic headaches and finds it difficult to concentrate. She is also in debt due to medical bills and car repairs. While Emma is angry about the crime, she also realizes how easy it is for young people to become involved in criminal activity.
Dante is arrested and charged with second-degree assault and armed carjacking. His case is pending in juvenile court. Jordan is arrested, charged with possession of a firearm with the intent to injure, aggravated assault, and armed carjacking. He has two prior convictions, one for possession of opioids with intent to distribute when he was 15 and one for breaking and entering when he was 17. Jordan dropped out of school at 16, has never been employed, and is currently addicted to opioids. In court, he pleads guilty to the crimes and expresses a strong desire to change. The judge sentences him to 3 years of probation with the option to suspend the sentence if he participates in a restorative justice program.
Do you agree with the judge that the restorative justice approach is appropriate for this case? If so, what are Jordan's and Emma's roles in the process? How might Jordan demonstrate accountability to Emma for the crimes? This week, you consider these questions and others as you focus on one tenet of restorative justice: accountability to the victim.
Learning Objectives
Students will:
- Evaluate the use of restorative justice for different types of offenders and crimes
- Analyze the effect of crimes on victims
- Apply restorative justice strategies to provide accountability to victims
- Assess the readiness of offenders and victims to participate in face-to-face restorative justice meetings
- Analyze the role of facilitators in face-to-face meetings with victims and offenders
- Analyze the desired outcomes and challenges of conducting face-to-face meetings with victims and offenders
Discussion: Restorative Justice Eligibility
The restorative justice approach was initially used with juvenile offenders who had committed mostly nonviolent crimes; however, this approach has since gained traction with adult offenders, some of whom have committed more serious crimes. For example, as explained in this week's readings, some universities are using a restorative justice approach to address campus sexual assaults rather than the traditional adjudication process. While the restorative justice approach can be beneficial for a multitude of crimes, it is important to consider the suitability of victims and offenders for such an approach. In some cases, attending a face-to-face meeting with an offender, especially one who is not truly remorseful, may further traumatize a victim.
In this Discussion, you consider the types of offenders and crimes for which a restorative justice approach is appropriate. You also propose specific criteria for determining eligibility for a restorative justice approach.
Post a response that addresses the following:
- What types of offenders and crimes should be eligible for a restorative justice approach?
- Are there specific crimes for which a restorative justice approach should not be used in any circumstance? Why or why not?
- What criteria would you use in determining eligibility for a restorative justice approach?