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Restorative Justice: Criticisms Of The Retributive Criminal Justice System

357 Words2 Pages

Dominated by ritualistic confines of penance and convoluted legalese, criticisms of the traditional retributive criminal justice system has led to the increase in the popularity of restorative justice (RJ). Consedine defines restorative justice as a “constructive mechanism” designed to foster reconciliation for victims and offenders through mediation (Consedine, 1995: 9). Walgrave notes that due to the complex interpretations of reconciliation and forgiveness it is imperative that an “espresso- definition” of RJ is promoted to ensure its effectiveness (Walgrave, 2008:18). The purpose of restorative justice is to uphold victim rights, inform offenders of wrongdoing and to reduce the “visceral” impact of crime on communities (Morrison, 2012). The NSW Drug Court Act 1998 No 150, Section 3 Objects is a contemporary example of a restorative based scheme involving “compulsory …show more content…

Crime victim Dolman fervently noted that the offence “didn’t happen to the fucking queen” a passionate feeling of disillusionment that restorative processes seek to redress (Dolman 2001: 144 cited by Richards 2009: 303). RJ schemes primarily provide opportunities for social restoration as evident in a 1993 NZ case where the families of two young car crash victims welcomed their accused with mercy rather than bitterness. (Braithwaite, 1999:2) (Consedine, 1995: 9). Whilst emotional catharsis for victims following serious crimes is the goal of RJ it is subjugated by current Australian restorative schemes that almost solely address “shallow end” or minor crimes that have little victim impact (Richards 2009) (Garland 2001: 169 cited by Richards 2009: 304). Jacqueline Joudo Larsen’s report for the Australian Institute of Criminology (AIC) shows that current conferencing for NSW offenders omits “sexual assault…and offences causing death” – arguably cases that would best benefit from mediation (AIC

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The current retributive justice system recognises victims only symbolically, thereby denying them real participation in decision making. In order to ensure maximum victim participation, the restorative justice approach comes as a contrast to the traditional criminal justice system. The process of recovery from crime needs to involve a process of coming to terms with the occurrence of crime and reducing self blame . These feelings of self-blame and the impact of crime tend to be more devastating and long lasting for cases of sexual offending. The restorative approach prefers the use of the term ‘survivor’ rather than the term ‘victim’ which is ingrained in passivity, suffering and self-blame.

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There are several old ways of solving crime according to many sources, but restorative justice is a type of rehabilitation process which focuses on repairing, and as the word suggest brings restoration. It rebuilds the lives of individuals who are involve in crime. While crime damages a person life, restorative justice repairs it (Office for Victims of Crime, 2000; Morris and Maxwell, 2001). There are three main stakeholders in a restorative justice process, these are the victims, the offender, and the community, therefore when crime is committed restorative justice sees it as an office against people and not against the state. I believe that in order for restorative justice process to be successful all three parties involve, citizens, victims,

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