Running head: CULTURAL DIVERSITY IN CRIMINAL JUSTICE
CULTURAL DIVERSITY IN CRIMINAL JUSTICE 2
Cultural Diversity in Criminal Justice
Name
Institutional Affiliation
Alternative theory and strategy in the criminal justice system
There is no doubt that restorative justice is one strategy of avoiding the stereotyping of the individuals in the criminal justice system. According to restorative justice is a process through which parties to a particular criminal offense come to a collective resolution of how best to deal with the aftermath of the criminal offense as well as the impact in the near future. The one aspect of restorative justice is the reintegrative shaming theory that refers to the use of shaming as a form of sanction in the criminal justice system that results in strengthening the bond between the criminal offender and the community from which theoffenders comes from. The theory is the best alternative to the labeling theory as itcomprises of two different process namely stigmatic and reitegrative shaming. While the first results in ruined ties between the offender and the society, the latter involves bringing back the offender to the society as a reformed member of the society.
The major tenets of concern under the reintegrative theory include the tolerance of the fact that crime worsens things, disrespectful, and outlasting shaming of crime worsens the crime and reintegrative shaming, or disapproval of the act within a continuum of respect for the offender, disapproval terminated by rituals of forgiveness, prevents crime.That means that the failure by parenting that is permissive to disapprove and confront the children’s misconduct as well as authoritarian parentingbothresults in delinquency. Therefore, restorative justice mainly makes things easy since it provides the moral rezoning for the families concerning the nextcourse of action concerning the crime being an alternative punishment from the state.
The good thing about the restorative justice is that there are conferenceswhere both the offender and the victims are invited together with the closealleys for discussion concerning the consequences of the crime. The discussion culminates in both parties drawing out the feelings of the harmed persons aswellas how best to repair the harm andthe step0s necessary in preventing reoffending. Particularly, reintegrative theory would focus on the shame of the most respected and trusted personsinvolved in the crime. That means that the conference structure comprises of the discussion of the consequences of the crime to the victims and thosein support of the offender structures’ reintegration into the society.
There are various scholarly studies attest to the fact that reintegrative theory results in the offenders experiencing more remorse and more forgiveness as compared to the court process. The reformed “offenders” have another leaf tomingle with the society andcarry out meaningful development having been taught the ...
Running head CULTURAL DIVERSITY IN CRIMINAL JUSTICECULTURAL DIV.docx
1. Running head: CULTURAL DIVERSITY IN CRIMINAL
JUSTICE
CULTURAL DIVERSITY IN CRIMINAL JUSTICE 2
Cultural Diversity in Criminal Justice
Name
Institutional Affiliation
Alternative theory and strategy in the criminal justice system
There is no doubt that restorative justice is one strategy of
avoiding the stereotyping of the individuals in the criminal
justice system. According to restorative justice is a process
through which parties to a particular criminal offense come to a
collective resolution of how best to deal with the aftermath of
the criminal offense as well as the impact in the near future.
The one aspect of restorative justice is the reintegrative
shaming theory that refers to the use of shaming as a form of
sanction in the criminal justice system that results in
strengthening the bond between the criminal offender and the
community from which theoffenders comes from. The theory is
the best alternative to the labeling theory as itcomprises of two
2. different process namely stigmatic and reitegrative shaming.
While the first results in ruined ties between the offender and
the society, the latter involves bringing back the offender to the
society as a reformed member of the society.
The major tenets of concern under the reintegrative theory
include the tolerance of the fact that crime worsens things,
disrespectful, and outlasting shaming of crime worsens the
crime and reintegrative shaming, or disapproval of the act
within a continuum of respect for the offender, disapproval
terminated by rituals of forgiveness, prevents crime.That means
that the failure by parenting that is permissive to disapprove
and confront the children’s misconduct as well as authoritarian
parentingbothresults in delinquency. Therefore, restorative
justice mainly makes things easy since it provides the moral
rezoning for the families concerning the nextcourse of action
concerning the crime being an alternative punishment from the
state.
The good thing about the restorative justice is that there
are conferenceswhere both the offender and the victims are
invited together with the closealleys for discussion concerning
the consequences of the crime. The discussion culminates in
both parties drawing out the feelings of the harmed persons
aswellas how best to repair the harm andthe step0s necessary in
preventing reoffending. Particularly, reintegrative theory would
focus on the shame of the most respected and trusted
personsinvolved in the crime. That means that the conference
structure comprises of the discussion of the consequences of the
crime to the victims and thosein support of the offender
structures’ reintegration into the society.
There are various scholarly studies attest to the fact that
reintegrative theory results in the offenders experiencing more
remorse and more forgiveness as compared to the court process.
The reformed “offenders” have another leaf tomingle with the
society andcarry out meaningful development having been
taught the direconsequences of involving in the crime. However,
it is worth noting thatthe reintegrative theory works well in the
3. rural communicate as oppose to the urban communities that
make it difficult for the former crime offenders to fully interact
with the community. It is as a result of the fact that the people
in urban set up would always label these individuals even if
they have been released and their case includedeither through a
court process or the traditional conferences.
Given that the experiences of the receivers of the ideal justice,
the it is these receivers who comprise of the victims, the
offenders and the community that determinewhether or not
restorative justice is satisfactory in the fight about crime or and
in the aftermath of the crime. In reference to Braithwaite a
renowned theorist, restorative justice does not involve a
consistent guarantee of the reduction of the crime offending, it
does not mean that the restorative justice programs are unlikely
to worsen the re-offending. However, there is need for further
study into the importance of the restorative justice in the effort
to determine if it really delivers justice to all the targeted
audience who include the offenders, victims and the community.
It is because if the fact that some policymakers and
academicians have developed a retributive principles toward the
practice and effectiveness of the restorative justice.
Labeling Theory
The question on whether the labeling theory is a legitimate
crime causationelicits a heateddebate given the fact that the
proponents of the theorywould argue that it is very critical in
shaping the community or society while the opponents of the
theory would against the theoryciting the negative effects it has
on the offender and the fact instead of reducing crime it
increases it. It is as a result of the fact that while labeling
theory examines how the social environment is the cause of
individual’s engagementin crime, it has devoted typically less
time on the attention of the official reaction to the crime
especially form the law enforcement officers and agencies.
The labeling theory stresses the fact that the official
efforts to control the rime as opposed to reducing crime it
increases it now that persons who get arrested for one reasons
4. or another are officially labeled as criminals thus making it
difficult for them to integrate well into the society after their
release and that why in some instance the former offenders
would opt to stay in courts as opposed to getting back to their
communities for fear of the unknown. But why would the
labeling of individual result in increased crime rates? Well, it is
because the labeled individuals may find it difficult getting
employed and as such, there is increased levels of stress for the
individuals while at the same time reducing their stake in the
community. Additionally, the labeled individuals may it
difficult associating with conventional people as a result of the
latter’s refusal to accept them and as such, they look for the
obvious option which is to associate with other criminals. The
result of this is a reduced bonding between the labeled
individuals and the conventional people thus fostering the social
learning of the crime. Also, as a result of labeling, the labeled
individuals end up viewing themselves as criminals and in
return they act in accordance with the self-concept.
In conventional societal settings or culture such as America’s,
prostitution is illegal however, there are many women or ladies
that involve it the exercise and to them it is a lucrative business
as it is a form of employment and as such, despite their actions
being contrary to the societal expectations they can never shy
away from it as long as they get an earning form it. That is
involving in deviant behavior which refers to the behavior
contrary to the dominant practices within the society(Clinard&
Meier, 2001). I reference to Becker, the self-filling prophecy
involves the actions of the individuals thus it is in support of
crime given the judgment form others and as such, it has a
greater effect on the labeled individual’s behavior. However,
there is considerable thought among academicians that anyone
who does not fit in the norm is likely to commit crime.
Therefore, of more importance is the fact thatsubculture relates
directly to criminal activities group of working class which
have underachieved in education or work. There is need for
investigating the labeling theory to ascertain why people could
5. commit criminal behavior as well as why people can be
influenced into deviant behavior.
Gangs
Of the three categories of the cultural deviance theory, the
gang fits in the Lower that states that class culture as a whole is
responsible for generating crime in urban areas. It is because
gangs mainly engage in different crime activities by
demonstrating their possession of distinctive territories and
turfs. For instance, major U.S cities such as New York and
California have high records of cases where children and the
public are killed from time to time as a result of gun violence
(Waldaman, 2014). Additionally, different cities have different
types of age composition in a gang in those large cities and sub-
urban cities report more adult gang members than juvenile ones.
It is widely believed that smaller cities with relatively more
gang problems also have the same proportion of juvenile and
adult members (Waldaman, 2014).
Problem explanation
The one theory that explains the problem in which the number
of youths joining gangs in the inner city has doubled, while the
number of gang leaders serving time in prison and being
released after good conduct has increased, is labeling theory. It
is because there is a formed opinion in that there is a linkage
between the number of for offenders released and the increase
in the youth joining gangs. There is a likelihood that those
released from prison are nit well received in the society and that
is why they continue with criminal activities that in turn are
copied by the young persons. Again, it is because there is a
labeling of a particular section of the society as gangs.
6. Reference
Berker and Howard, S (1963) Outsiders: Studies in the
sociology of deviance, New York: free press
Waldaman, P. (2014). Could the California shooting revive gun
control? The Washington Times
Clinard, M. B., & Meier, R. F. (2001). Sociology of deviant
behavior. Philadelphia [etc.: Harcourt College.
Running head:
CULTURAL DIVERSITY IN CRIMINAL JUSTICE
Cultural Diversity in Criminal Justice
Name
Institutional Affiliation