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Final refelction on restorative justice
Final refelction on restorative justice
Purpose of restorative justice
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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.
In order for this harm to be repaired there must be a restorative justice practice. The restorative justice would help offenders by repairing the harm to victims and the community. For example, offenders would take responsibility of their actions. What went well is that Adelina was able to apologize to Jackie for stealing her cell phone. We came in an agreement that Adeline would do sixty hours of community service.
Victim –Offender mediation stems from the Restorative justice concept, a framework which views the victim, the community and the offender as those harmed by the offense. To repair this collective harm, restorative justice requires the active involvement of all affected parties to make the offender answerable and to restore the
It seeks fairness for both the victims and the culprits alike. The focal point in restorative justice is the need for individuals recognize an illegal activity. Such recognition and acknowledgment pave the way for a dialogue. Fairness involves coming up with a solution that addresses underlying issues. Fundamentally, fairness may touch on the fair compensation of the victim and his/her family, but also the recognition that monetary compensation can never equate to the damage and the lives
Arlene Gaudreault in her article “The Limits of Restorative Justice” discusses the problems with restorative justice especially as it relates to the victims in the process. Gaudreault says that the “aim of restorative justice is to give victims a bigger role,” but that the opposite usually happens. Gaudreault states that “victims are left on the sidelines in the very programs designed to give them a bigger role.” Victims get left out of the process or even sometimes may feel coerced into participating in the process. Also, according to Gaudreault there is not enough forethought put into the meetings.
Restorative justice in criminal justice Some of the early justice system involvement with restorative justice came in police stations, particularly where cautioning is used as a response to crime and juvenile offending. Restorative justice is increasingly visible in courtrooms around the world. Prosecutors, judges and defense attorneys make use of it. Probation officers are often involved in its implementation or monitoring. There are a number of restorative initiatives taking place in prisons.
While we recognize the need for principles and benchmarks, we worry about the arrogance and finality of establishing a rigid meaning,” (Zehr 2015). With this in mind, Zehr offers a working definition of restorative justice. He says restorative justice is an approach to achieving justice that involves,
Justice within the context of today’s debate can be seen as solely retributive insofar as we are discussing the just response to wrongdoing and whether or not rehabilitation ought to be valued over this. My criterion for this today is the greatest good for the greatest amount of people which is Utilitarian within definition, it gives you a clear mechanism to weigh different paths as well as their consequences within the context of the same end state or goal, Justice. In addition, it is the most appropriate criterion for this debate
Though there are core principles and guidelines, the way each case is handled is heavily based on context. The main objectives that drive restorative justice practices in sexual violence cases are “reparation, retribution, and rehabilitation of the community” (Wolthuis et al., 2015). Restorative justice seeks to find a way that “maximizes healing for all parties and minimizes the chance of the process inadvertently causing harm” (Restorative justice standards for sexual offending cases, 2013). Particularly in sexual violence cases, the primary focus in a restorative justice case is to lower the potential chances of harm. The principles are set in place to allow the victim to have a chance to hold the offender accountable while having the opportunity to voice one's story.
One of the most significant impacts of the restorative justice is that it provides healing to the victims. () Compare to the punitive justice, the restorative justice is a different approach to deal with crime as it emphasis on healing human emotions such as guilt, compass and forgiveness. I t places victims as the center of the problem. In our society, every member is interrelated. Restorative justice offers the process for those affected by criminal behaviour such as the victims, offenders and families to take part in resolving the issues.
2.Restorative justice moves from a philosophy of vengeance and retribution to one of healing, reconciliation, and forgiveness. In contrast to the traditional criminal justice that focuses on the punishment of the offender. Restorative justice focuses on victims, offenders, and the community throughout the whole process of restoring justice. As a result, restorative justice can be applied to community-based sanction or to prisoner re-entry. In addition, within the traditional criminal justice system, the state acts on behalf of victims to punish an offender, making them feel angry, unsupported, socially isolated, and distrustful of a system that was designed to protect them.
Insight Prison Project The definition of restorative justice is a system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community at large. In other words, it is some sort of help and comfort for a person who knows their wrongdoing but understands that this isn 't the end of the road for them. As said by In Sight Prison At the center of the Restorative Justice philosophy is the understanding of the importance of engaging victims and prisoners in a healthy way so they can feel empowered and are supported to make meaning out of their experience. Restorative Justice attempts to draw on the strengths of both prisoners and victims, rather than dwelling on their deficits.
Justice essay Justice is the idea that the criminal justice system should aspire to achieve equality and fairness for all citizens however whilst some may equate justice to the criminal justice system this is not always the case as more than often the justice system does not always deliver justice. However there are different theories that try to explain justice. This essay will seek to identify and apply theories of justice to areas in which the law is considered is considered to be unjust. One of which being the idea of distributive and corrective justice which comes from Aristotle.
ELIMINATING CORRECTIVE JUSTICE The Supreme Court quoting Weinrib’s concept of corrective justice, dismisses the plea against a number of pharmaceutical manufacturers by Alex .The medical side effects suffered by him due to negligent marketing of the drug CUD could not be attributed to any one pharmaceutical and thus no one could be held liable for the injury. Corrective justice deals with the maintenance and restoration of equality between two parties entering in a transaction. Corrective justice firstly, functions without regard to social rank or moral character; secondly, it regards the transacting parties as equals; and lastly, it focuses on the immediate relationship of doer to sufferer.
CONCLUSION The path to attain real societal peace starts with changing our conceptions of interpersonal relationships. The concept of restorative justice is one such framework which provides a suitable starting point for treating all those affected by crime with respect, particularly in the case of serious crimes with special attention to the needs of victims. From the above discussion, it appears that the concept of restorative justice holds a significant potential for both victim and offender healing, facilitated through the emotional impact of genuine repentance and consequent opportunities for expressions of forgiveness. It not only encourages victims to grant forgiveness as a curative act but also helps them channel the positive consequences, so enabling the benefits to extend beyond the interpersonal to the community and societal level.
