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Restorative Justice Essay

1600 Words7 Pages

Restorative justice focus to repair the harm caused by crime and violence. It emphasizes the wrong done to a person and the community. Under the programs, it is both a violation of relationships between specific people and an offence against everyone. It has various ways in which it is carried out such as by addressing victim’s needs, holding offenders accountable for their actions and involving the community in the justice process. In order to attain this, firstly the offenders must take full responsibility of their actions and should realize the kind of harm caused by them and most importantly it’s the victim’s choice whether to participate or not. Communities play another major role by providing support and by assisting in helping …show more content…

In the restorative justice system, they are more focused on the overall situation and what all damages have been done. And how to repair all the damages done. They help the victim and the offender to contact and to know each other’s viewpoint as there’s not always a motive behind the offence. They even focus on the harm done to the community and works on making it right and reducing the effect of the harm done on the community. Their main intention is to restore the victim and the community affected by the crime as close as possible to pre-crime committed.
The traditional criminal justice system is the that is constructed by the lawyers, for lawyers and the result is that victims and offenders are often bystanders in the proceedings.(www.rjlillooet.ca). During the last 30 years, a restorative justice program emerged in Canada. In this program, they believe that the current justice system is not fully right and fair in treating the offenders, victims and communities. That is, its seen as a system that focuses on just finding the culprit and fixing the blame on him so that they could end the case. It’s never their sole purpose to know how it has effected the others in the case. The way it affects

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Restorative justice is a very selective process, and can only truly work if both the victim and the offender agree to the terms of the conversation. In other words, strict vetting must be done on both the victim and the offender in order for restorative justice to occur. For this type of justice to actually be able to really work and bring about rehabilitation participation must be 100% voluntary otherwise it will fail. This among other things can be listed as a limitation of restorative justice. Another disadvantage is, that restorative justice cannot be implemented in all categories of crimes.

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B. Restorative Justice There is some theoretical ambiguity in the meaning of Restorative Justice in spite of the many definitions and studies done on the subject. Restorative Justice has been defined as “an ethos with practical goals, among which to restore harm by including affected parties in a (direct or indirect) encounter and a process of understanding through voluntary and honest dialogue.” It is primarily concerned with the reinstatement of victims to life before the crime, restoration of the Offender to a well behaved and lawful life, restoration of the injury caused to the community and the creation of a better society in the present and the future. Restorative Justice is not easily defined because it covers a wide range of practices introduced at different stages of the criminal process, including diversion from prosecution, actions analogous with court decisions and meetings between victims and offenders at any stage of the criminal process. One widely-accepted definition of restorative justice was put forward by Tony Marshall which was also accepted by the United Nations Working Party on Restorative Justice, defined restorative justice as; “a process whereby all parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of an offence and its implications for the future.”

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