Society’s Response To Crime Has Changed Over The Past 849899
Society’s response to crime has changed over the past century
Society’s response to crime has evolved significantly over the past century. In the mid-20th century, the primary approach was rehabilitative, aiming to reform offenders through various correctional programs. However, from the 1970s onward, there was a shift towards a "tough on crime" stance characterized by mandatory sentencing, longer prison terms, and zero-tolerance policies. Despite these changes, criminal behavior persists, and recidivism remains a significant challenge, especially among certain offender populations and types of crimes.
This essay explores different concepts of justice—restorative, procedural, and moral justice—and their roles in reducing recidivism. Drawing on research, including Tyler’s 2006 work on restorative and procedural justice, as well as scholarly sources and contemporary practices, the discussion assesses the effectiveness of these justice models in preventing re-offending. The analysis considers demographic variables, psychological theories of crime, and contextual factors influencing the applicability and success of each justice approach.
Restorative Justice and its Effectiveness in Lowering Recidivism
Restorative justice emphasizes repairing the harm caused by criminal behavior through reconciliation among victims, offenders, and the community. Unlike traditional punitive models, restorative practices focus on accountability, reparation, and community involvement. Evidence suggests that restorative justice can be effective in lowering recidivism, especially for juvenile offenders and non-violent crimes. According to Tyler (2006), offenders who participate in restorative processes tend to develop a sense of responsibility and empathy, which can promote behavior change and social reintegration.
Research indicates that restorative justice methods—such as victim-offender dialogues, community service, and restitution programs—are most useful for property crimes, drug offenses, and certain youth offenses. These offenders often have less entrenched criminal tendencies and are more amenable to rehabilitative interventions. Demographics such as age, socioeconomic status, and prior criminal history influence the success of restorative initiatives. Younger offenders from disadvantaged backgrounds may benefit significantly from restorative programs designed to foster accountability and community connection.
Moreover, restorative justice aligns with psychological theories emphasizing behavior change through cognitive and emotional engagement, such as restorative justice's capacity to enhance social bonding and moral development. While not universally effective for all crime types—particularly violent or serial offenses—restorative justice offers a promising alternative to purely punitive measures for appropriate cases.
Procedural vs. Moral Justice in Recidivism Reduction
Procedural justice refers to the fairness of the processes that resolve disputes or administer punishments, whereas moral (or distributive) justice focuses on the fairness of outcomes or distributions of resources and punishments. Tyler (2006) highlights that perceived fairness—both procedural and moral—significantly influences offenders’ compliance and their likelihood of re-offending.
In efforts to lower recidivism, procedural justice appears more applicable because it fosters offenders’ perceptions of fairness in the justice process, leading to greater acceptance of sanctions and rehabilitation programs. When offenders believe they are treated respectfully and participate in fair procedures, they are more likely to develop trust in the justice system, which can reduce feelings of resentment, alienation, and the desire to reoffend.
For certain offenders—particularly those from marginalized demographics or with prior negative experiences with the legal system—emphasizing procedural justice can be more effective. For example, minority offenders or individuals from economically disadvantaged backgrounds may respond favorably to procedural fairness, improving engagement with correctional efforts.
By contrast, moral justice—ensuring offenders perceive punishments as just and deserved—may be less effective if it is perceived as harsh or unjust. Moral justice may be more relevant in cases involving moral outrage or when community retribution is prioritized over individual rehabilitation.
Justice Types and Psychological Theories of Crime
Understanding which type of justice aligns with psychological theories of crime can inform the most effective interventions. Social learning theory, for example, suggests that behavior is learned through interactions with the environment. Restorative justice’s focus on accountability and moral dialogue can facilitate behavior change by promoting empathy and moral reasoning, consistent with social learning perspectives.
Practically, restorative justice is most useful for offenders whose crimes are linked to social and psychological deficits, such as youth offenders or those with substance abuse issues. Its emphasis on reintegration and moral reflection can disrupt criminal learning patterns.
On the other hand, procedural justice aligns with cognitive-behavioral theories, which emphasize the importance of fair treatment and perceived legitimacy in promoting behavioral compliance. Procedural fairness can reinforce social norms and deter re-offense among offenders with entrenched antisocial tendencies.
For serious or violent offenders, especially those with psychopathic traits or high risk of reoffense, a combination of justice approaches might be necessary. While restorative efforts may aid moral development, procedural fairness ensures engagement with the justice system’s authority and legitimacy, vital for compliance in high-risk groups.
Conclusion
In conclusion, restorative justice shows promise in lowering recidivism among certain populations, particularly for non-violent, youth, and community-based offenders. Its effectiveness depends on demographic factors, the nature of the crime, and the offender’s psychological profile. Procedural justice complements restorative efforts by fostering perceptions of fairness, legitimacy, and trust, thereby enhancing compliance and reducing cycles of reoffending. The choice between these justice models should be tailored to the offender’s characteristics and the crime’s nature to maximize rehabilitative potential and community safety. Ultimately, integrating multiple justice approaches informed by psychological theories provides a holistic strategy for addressing recidivism effectively.
References
- Tyler, T. R. (2006). Restorative justice and procedural justice: Dealing with rule breaking. Journal of Social Issues, 62(2), 307–326.
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- Tyler, T. R., & Blader, S. L. (2003). The psychology of legitimacy: A relational perspective on voluntary deference to authority. Personality and Social Psychology Review, 7(3), 191–197.
- Braithwaite, J. (2002). Restorative justice & responsive regulation. Oxford University Press.
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- Sherman, L. W., & Strang, H. (2007). Restorative justice: The evidence. The Smith Institute.
- Nagin, D. S. (2013). Deterrence in the twenty-first century. Criminology & Public Policy, 12(4), 643–658.
- Fussinger, C., & Beyer, A. (2018). Psychological perspectives on recidivism reduction. Journal of Criminal Psychology, 8(2), 123–137.