Victimology and Alternatives to Traditional Criminal Justice
Alternatives to criminal justice system have been the growing part of the debate surrounding the theory of criminology. Shaming: In this arena of alternatives to criminal justice system, the most distinctive contribution has been John Braithwaite's theory of regenerative shaming which conjectures "the efficacy of re-integrative shaming and the counter-productiveness of stigmatization in controlling crime. John Braithwaite has asserted persuasively that the twin informal controls dissuading most people from offending against their fellow brethren are what he termed 'social disapproval' and 'pangs of conscience'". (Moore, n. d.) The formal criminal justice system in practice in the present modern era is all built upon "a model of the state intervening so as to remedy the behavior of reasonable and rational individuals who have made choices that are socially undesirable. Shaming, under the theory of regenerative shaming, on the other hand, stresses upon the interdependency of individuals. It recognizes shame as an emotion which helps in regulating this interdependency". (Moore, n. d.)It is important to appreciate that a society marked by properly regulated interdependency, by the application of correct practices relating to sha
)Peacemaking strategies: According to Pepinsky and Quinney, peacemaking is a yet another alternative to traditional criminal justice system which seeks to alleviate suffering and thus help in lowering the incidence of crime. The shame that people relate with modern criminal justice system and with the application of state power for social control, is really, a socially destructive shame". A particular challenge relates to the absolute diversity of restorative justice initiatives which renders it difficult to arrive at an overall conclusion as regards the extent to which 'restorative justice in general' may or may not be advantageous for the victims. The first one relates to retributive justice wherein the fundamental prominence is laid on punishing offenders for their action. In identifying "shame as the emotion that controls the attachment between interdependent individuals" Braithwaite as well as "other theorists who are pioneers in the role of shame are proposing that realistic, effective programs are present. This was considered a no mean achievement as the Navajo happens to be the largest American Indian nation with a land area about the size of South Carolina situated in the Four Corners region with more than 300000 members. The adversarial system is dependent on who has the best lawyer, and who understands the technicalities. Shame, which was both detached from the criminal justice practice and sidestepped by criminological theory, is currently presented as the solution to the stalemate implied by the desolate bawl that 'nothing works'. ) On the other hand, stigmatization does not "separate a person who has committed an unacceptable act from the community against which that particular person has offended. )Braithwaite mentions about "re-integrative shaming, on the one hand, and of stigmatization, on the other. The third is concerned with 'restorative justice' that he on the whole equated with the principle of restitution. Several later supporters of restorative justice have sought to depict it as a revival of a past tradition that predates the contemporary criminal justice approach towards the wrongdoing instead of a newly discovered alternative.
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Acceptance Essays
