Circle Sentencing Essay
While the free essays can give you inspiration for writing, they cannot be used 'as is' because they will not meet your assignment's requirements. If you are in a time crunch, then you need a custom written term paper on your subject (circle sentencing)
Here you can hire an independent writer/researcher to custom write you an authentic essay to your specifications that will pass any plagiarism test (e.g. Turnitin). Waste no more time!
While the restorative justice movement has risen in recent years, the idea of circle sentencing, or peacemaking circles has been practiced in indigenous cultures for quite some time. As we look at implementing traditional indigenous culture practices as alternative dispute resolutions, we need to realize the effectiveness and also whether we are ready to use them. The Yukon and other communities reintroduced circles in 1991 as a practice of the restorative justice movement (Bazemore, 1997, p.27). Around that same time, Minnesota made the breakthrough in borrowing the practices with each band of Native Americans having their own political communications. Because Minnesota has seven Anishinaabe tribes and four Dakota communities, it has been one of the first states to lead the way for this new program. A circle sentencing program has also been implemented in North Minneapolis for African-American juvenile problems (Ulrich, 1999, p. 425).
Throughout this paper, criticisms and praises will be mentioned in the borrowing of these ingenious practices, along with arriving to a conclusion of whether we are ready to deal with offenders in the restorative justice aspect. This is an important issue because, with a newly arrived program, we need to realize whether or not we are rushing into something that the criminal justice system is not ready for and also whether they are effective.
What exactly are circles?
The text describes peacemaking circles as, a process that is used to resolve problems, build better relationships, or just flat out prevent these matters from occurring (Bazemore & Schiff, 2000, p. 219). Circles can be further explained as a process concerned with the victim, their rights, and hearing their story and acting upon it. The most important act is the victim telling their story, for the benefit of the community, offender, and the victim (Bazemore, 1997,p. 33).
In the process of circles the setting is very relaxed, it taking place wherever the group wants. They do have the members of most courtrooms with a judge, probation officer, court recorder, and community members along with the victim and their family. Since the processes are so community orientated, the actual process of the circle will vary (Roberts, 1996, p.70.) During traditional settings, prayer at the beginning of the sentence will occur, along with some sort of sacred object, which is usually a feather that members pass to one another as a talking stick. This gives the person holding the feather the power to say what they feel, and give the process a sense of organization, and most importantly, it prevents one-on-one confrontations (Ulrich, 1999, p.425).
What problems occur with the implementation of aboriginal circles?
When looking at the current criminal justice system in Canada, New Zealand, and Australia, it is clear that it has failed in the treatment of aboriginal people. This problem has strengthened the idea of restorative justice as a replacement of the traditional system. When looking at implementing circles into that realm of restorative justice, there needs to be an agreement that their practices are diverse, and therefore not to force the issue. Many traditional practices are very spiritually based, and it needs to be evident that the process of healing is not distorted over this change. In most situations, the idea of creating a community will be the goal rather then reintegration. An example of this was given in a probation officer feeling the sentence of 18 months in prison, was too little from the group. The key that they were looking at was at the idea of healing, and not so much in punishment (Roach, 2000, p.263).
We then have to look at the despairing differences between practices of tradition and our American proceedings. The key is that Native Americans do not fare worse in these processes based on the matter at hand being borrowed and used under our current system. Research has shown that minorities do fare less often under alternative dispute resolution, including peacemaking circles. So when borrowing these practices, people need to make sure that the protection of rights is issued (Ulrich, 1999, p.429-430).
Bazemore, (2000, p.279) stated the fact that another problem that can arise with circles and the restorative justice movement was in reintegration. He stated that in some cases reintegration will be attempted, but many offenders were never given the chance to become integrated in the first place. In his example he used juveniles, but I also feel that it can be connected to all offenders.
What is the purpose of peacemaking circles and are they effective?
The idea of borrowing tribal methods and using them in non-tribal communities has received praise for various...
MLA Style
. EssayMania.com. Retrieved on 25 May, 2012 from
<http://essaymania.com/95532/circle-sentencing>
More College Papers
Inequality essay
Inequality, a growing situation for most blacks, is not only influenced by racism, but is primarily caused by structural and economic forces as a result of class. Today’s inequality, chiefly the result of structural and economic forces, has been paved through a history of racial discrimination
Pro Choice Among Women essay
An onlookers view of Pro Choice amongst women
Many clinics provide abortion services for women with unplanned or uncontrollable pregnancies. Some women find themselves with an unplanned pregnancy rather than an uncontrollable one. Unplanned in fact that a contraceptive failed, or may not have been
The American Dream essay
The American Dream is different for everyone, though it is most commonly associated with success, freedom, and happiness. The concept of the American Dream seems to have dwindled from where it was in the past few generations. It has gone from success, freedom, and happiness to having lots of money a