Restorative Justice Essay

1853 words - 8 pages

Nelson Mandela once said, “If you want to make peace with your enemy, you have to work with your enemy. Then he becomes your partner”. This is essentially a main characteristic of restorative justice- to reconcile society, the victim and the offender- but also to rehabilitate the offender so that he is no longer an “enemy” of the criminal justice system. This form of justice is gaining support in South Africa; however there are limitations to this form of justice which also in turn limit its success in the future. Restorative justice alone is definitely not a method of justice which we can adopt but it may be possible that this form of justice can help if it is integrated into the criminal justice system.
WHAT IS RESTORATIVE JUSTICE?
In 1997 restorative justice was defined as a process which redefines crime extending the interpretation to the wrong done to another person and not just the breaking of the law the victim and offender are encouraged to be directly involved in the resolution process of the dispute in the sense that the offender takes full responsibility for their actions and the victim and the community fully participate in the resolution process. Restorative justice is a fairly new process of punishment in the area of criminal justice, it is the idea that the offender should right the wrong that was caused- this process directly involves the victim and the offender. Restorative justice is more recently defined as a method used to address the hurts and needs of both victims and offenders which repairs or heals the relationship between both parties as well as the relationship within the community. The goal of restorative justice if to create a better environment for all parties affected (the victim, offender and in some cases the community). Restorative justice is important as it focuses on reforming and rehabilitating society which potentially integrates offenders back into society rather than them being ostracized. In this way it aims to create a better society. In the context of South Africa restorative justice is an important development in the criminal justice system as it decreases the costs incurred by the state on prisoners and inside prisons, this is of benefit as South Africa is struggling with the problem of overcrowding in prisons and lack of resources to provide for the prisoners. Restorative Justice aims to create a response to crime which respects the dignity and equality of each person, builds understanding and promotes social harmony, it addresses the needs of the victims as well as that of the offender, allows the offender to take responsibility for the wrong that was committed , allows the victim and society to be actively involved in the resolution process in the form of mediation, rehabilitates the offender and integrates the offender back into society by repairing the relationship between the offender and the community together with the victim.
Restorative Justice vs. Retributive methods

Whilst restorative...

Find Another Essay On Restorative justice

Restorative Justice Essay

2844 words - 11 pages Restorative justice is a reorientation of how one thinks about crime and justice and a shift in focus from punitive to reparative justice , however it is a paradigm, which cannot be consensually defined . It is collectively made up of various theories posited through restorative justice scholars. Although a consensual definition is difficult to imply, a panel of restorative justice scholars working under the Delphi method of research have

Restorative Justice Handbook Essay

1537 words - 7 pages Introduction Just Schools: a whole school approach to Restorative Justice is a practical handbook that presents a whole school approach to repairing harm using a variety of means including peer mediation, circles, and restorative conferencing. The thesis of this book is that the key to successful teaching and learning is: working in an atmosphere where people care about each other, have good relationships, mutual respect, and a sense of

Restorative and Community Justice

1103 words - 4 pages What is restorative justice?Restorative justice emphasizes the ways in which crimes hurt relationships between people who live in a community. Restorative justice is "designed to provide the context for ensuring that social rather than legal goals are met."1 Within the process of restorative justice there are three major goals: victim involvement, offender accountability, and community protection. The offender becomes accountable to those they

Purpose of Restorative Justice

570 words - 2 pages Restorative justice is commonly used in today's courts, the main goal is to restore the victim, community and offender and to help them become "whole again". "Restorative justice is being seen as one of the tools in the tool box and one of the options that should be available for conflict resolution"(Hall, 2008). To accomplish this, the use of fines, restitution and community service are frequently used by sentencing judges. When restitution is

Balanced and Restorative Justice

1102 words - 4 pages The Balanced and Restorative Justice (BARJ) approach introduced first in 1993 through a grant to Florida Atlantic University (FAU) began as a national initiative of the Office of Juvenile Justice and Delinquency Prevention (OJJDP). It seeks to serve juvenile offenders with a perspective to achieve restoration or a guaranteed favorable return to reverse their once delinquent behavior. It serves juvenile offenders providing them with a

Restorative Justice and Reconciliation

1904 words - 8 pages Truth and Reconciliation Commission, or TRC. The TRC was created as a temporary commission whose purpose was to process applications for amnesty and bring restorative justice to the victims of apartheid. Apartheid, a model that had oppressed non-whites and treated them as subhuman, plagued South Africa for nearly half a century. Colonized in the 1600s by both English and Dutch alike, South Africa still remained under the power of the

Say yes to restorative justice

840 words - 4 pages Carruthers argues that restorative justice is often an alternative to the traditional form of justice (p. 12). While it is not possible for this system of justice to replace the traditional system, it has ensured balance between the person who has been harmed, the one causing the harm as well as the community which has been affected, instead of concentrating on crime based on law. This of justice has been practiced by several cultures at some

Violent Females and Restorative Justice

1789 words - 7 pages 2. Introduction As of the early 20th century, there has been a rise in violent crime committed by women. This is due to a change in gender roles that result in women having a lack of informal control, giving women the mindset that they are more assertive (Kruttschnitt, et. al, 2008). It has been found that women as a whole are less likely to reoffend after attending a restorative justice conference (Hayes, 2005). Due to the female violent

Australian Indigenous restorative justice - Essay

3806 words - 16 pages will critically compare and contrast the practice of circle sentencing and Koori courts in adopting principles of Indigenous restorative justice in the sentencing of Indigenous offenders. This will be seen by firstly, outlining the importance of Indigenous restorative justice in removing previous institutionalized disadvantage and reducing the rates of incarceration. In addition, the essay will compare and contrast the aims, objectives and benefits

Restorative Justice Gaining Support in South Africa

1591 words - 7 pages 1 Introduction Punishment is central to any legal proceeding where the accused is found guilty. It falls directly under criminal law and is determined by punishment theories. Whether South Africa is moving towards restorative justice approaches influences many aspects: it allows protection of society and results in more crime-free life for the offender. Consequently, it gives offenders the chance to learn from their experiences, gain insight

How Does Restorative Justice Work Within Nacro?

3978 words - 16 pages G20320704 Tutor: Joanne WestwoodSP3005 COMMUNITY PROJECTCASE STUDYWhat role does restorative justice have within Nacro?Word Count: 4178 Date: 21/03/10What role does restorative justice, have within Nacro?The community project I am involved with focuses on children and young people who are at risk of, or have already been involved with the Criminal Justice System. By way of referral, they are signposted to a Y.I.P (Youth Inclusion Project), where

Similar Essays

Restorative Justice Essay

1722 words - 7 pages Introduction: Restorative justice is the idea that harm caused by a crime can be repaired (Wallis, 2007) and that the victim and community can be restored to how it was previously, rather than resorting to punishing the offender (Liebmann, 2007). At the moment, the criminal justice system is based on retributive justice over restorative justice; this is where a lawbreaker receives punishment in proportion to the crime inflicted (Milovanovic

Restorative Justice Essay

1692 words - 7 pages existing offenders from re-offending will play a crucial role in stabilizing the level of crime in South Africa. This essay will consider whether restorative justice is an effective process and hence whether it is gaining support in the South African legal system. 2 Defining restorative justice As a point of departure one needs to first understand what restorative justice is, which according to Burchell is defined as: “Restorative justice involves

Restorative Justice Essay 982 Words

982 words - 4 pages Restorative justice is an innovative approach to the criminal justice system that focuses on repairing the harm caused by crimes committed. The methods used in the conventional justice system may deter the offender from committing further crimes, but it does neither repair the harm caused, nor help them acknowledge their responsibility, instead it stigmatises them, worsening the situation instead of improving it (Johnstone 2003). “Stigmatisation

Restorative Justice Essay 1957 Words

1957 words - 8 pages management programs that consider individually the shaming management process.The introduction and development of any new process will induce criticism, as stated by Kathleen Daly in her paper Restorative Justice in Diverse and Unequal Societies,"Any justice practice, however well intentioned can be expected to reproduce existing relations of inequality" (Abel 1982 Matthews 1988)The creation of institutions that allow healthy shaming that results