Criminal Justice

Are there cases in which restorative justice will not work? Does the theory behind restorative justice presume good faith on the part of all involved? Is that likely?

Is it possible to restore justice if one gets to understand the motivations of the criminal?

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ANSWER

Restorative Justice

Restorative justice involves a set of principles and practices which have a different approach in dealing with crime. There is a common saying that “hurt people, hurt people.” This means that crime causes injuries, and the prosecution of the person who caused the injury can sometimes lead to the injured person causing injury if the wounds caused are not healed (Van Ness & Strong, 2014). While restorative justice seeks the harm caused by the crime and tries to repair it, restorative justice fails to work in some cases. There are cases where the harm caused is too much, and the victims of the crime might not be willing to participate in restorative justice. There are other cases where the perpetrators are not remorseful, and by trying restorative justice, more harm might be caused (Van Ness & Strong, 2014). The restorative justice theory focuses more on the victim than on the offender, unlike in the traditional criminal justice system where the offender gets all the attention. Restorative justice presumes good faith in all involved with the hope that the offender is remorseful, and by taking responsibility for the harm caused, the healing process begins for the victim.

It is possible to restore justice if one gets to understand the motivations of the criminal. Sometimes people end up committing crimes because of experiences they have had before or because life is forcing them. For example, a father with a hungry child and no job robs a woman walking down the alley. The father is arrested and charged with robbery, and to help repair the harm caused, the father can apologize to their victim and explain that they stole so their child could eat. This does not excuse what they did, but it helps the victims heal and release the feelings of anger they had. This process will also help the offender feel they have paid for their mistakes.

 

References

Van Ness, D., & Strong, K. H. (2014). Restoring justice: An introduction to restorative justice. Routledge.

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