Term Paper on "Restorative Justice Is an Approach"

Term Paper 5 pages (1431 words) Sources: 2 Style: MLA

[EXCERPT] . . . .

Restorative Justice is an approach towards providing justice that concentrates on removing harm caused by an action, holding the offender responsible for the personal action, and providing the victims with an opportunity of identifying the crime and criminal, and addressing their needs of the post-crime conditions. The Restorative Justice drafts resolution that encompasses the efforts towards healing, repartition and reintegration, and protects from future harms. This is the core philosophy and value of the Restorative Justice. The values and area of services include promotion and provision of trust, hope, and prevention from harm.

The 10th session of United Nations Congress on the Prevention of Crime and the Treatment of the Offenders was held in Vienna. During the session, discussion on the Item 6 of Offenders and Victims: Accountability and Fairness in the Justice Process was conducted. The panelist viewed that restorative justice was 'bid idea'(Paul Rock) in the judicial world. The panelist agreed that 'offenders and victims was code for restorative justice' (Paul Rock).

RESTORATIVE SYSTEM AND MAINSTREAM JUDICIAL LAWS

Restorative Justice is often viewed as derivative of the mainstream and adversarial system judicial system in Western world. The mainstream judicial clauses view crime as clear violation of the state, and the Restorative Justice considers as serious offence against the victims and communities. In the mainstream judicial system, the victim is not provided with the right to express and state his/her suffering, losses, and needs because of the offence, however the Restorative system victims plays a crucial role in explaining the criminal act, and the manner in which its compensation is wished. The mainstream judicial system is controlled and implemented by the professionals, the restorative judicial system permits the community to play significant part in holding the offenders and culprits responsible, and victims are supported.

Restorative Justice has broad application in the field of justice. The Restorative system can be implemented to prevent the occurrence of the crime at very first instance in various manners, for example this system encompasses certain provisions for resolving the disputes through mediation and negotiation, in these manner worst, criminal situations can be avoided and controlled. The Restorative system can be applied on the youth and adult cases, the system is equally helpful in dealing with less intense crimes, and can be applied on the serious crimes, depending upon the interpersonal dynamics involved in the criminal cases.

RESTORATIVE SYSTEM: FUNDAMENTALS

The Restorative Law views crime as serious offence against humanity, and terms it repugnant to the code of conduct supported by the law. Restorative Judicial System acknowledges that crime is an immoral action, and should be prevented by applying any possible measure. The law guarantees that injustice is recognized, and the grace and restitution of the victim is restored, and the future is clarified so that the victims are provided with feeling of safety, respect and autonomy towards their code of conduct towards society. Restorative Justice foresees adoption of measures that ensures that 'things are going the right way' (Kofi Annan, UN Secretary General). The adoption of defined measures should be such that, the victims are offered compensation towards their physical and social damage; and further evaluating the reasons (probable reasons can be, (addictions, lack of social or employment skills or resources, lack of moral or ethical base, etc.) which caused the occurrence of the crime, so that its repetition is avoided.

The Restorative System categorizes the victims into major and minor victim, and provisions are included to safeguard and promote the interest of both. The System also offers certain provisions for offering teachable moment to the offender, with the objective of providing the offender with thoughts of achieving success in his life by adopting different and acceptable course of worldly action. The crime should be handled and treated at earliest, and efforts should be put in towards treatment of all those factors which generated such an impact, such course of action requires and appreciate voluntary cooperation, and minimum coercion. Such Judicial system also encourages the practice of handling the crimes in cooperative structures, such that the community affect is involved in support and accountability. The community participation includes the participation of primary and secondary victims.

There are certain clauses in the Restorative law that recognizes the need to adopt different and partially tougher course of action if the offender… READ MORE

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