Over the past few decades, crime has increased considerably in the United States and other parts of the world. Criminals and offenders come up with new ways to evade the law and break the rules implied by governments for the betterment of society. The law enforcement authorities of the world come up with strict and efficient methods to reduce criminal activities in the world and punish criminals according to the degree of their felony in order to discourage others from committing similar acts (Zaibert, 2006); (Marty, 2007).
Restorative justice is a form of settlement where the victim of a crime and the offender are invited to meet together in the presence of a police officer acting as a facilitator (Braithwaite, 2002). They discuss the offence and the effects it has had on any person involved. The objective is to work out what could happen next. The outcomes could result in payment of compensation by the offender to the victim (Lawrence & Strang, 2007); (Liebmann, 2007); (Royce, 2004).
Problem Statement
Restorative justice is a form of settlement where the victim and the offender mutually reach a decision regarding the punishment for the crime (Latimer, 2005). This research focuses on the efficiency of this form of settlement and the attitude of people towards it. The research focuses on the residents who have been victims of offences in the past year and their preference to opt for restorative justice rather than a court settlement. What does the public think about restorative justice and to what extent have people accepted this form of settlement? Should it replace prosecution as the primary form of action for offences such as criminal behaviour, threats, minor theft and assaults?
Thesis Statement
The thesis statement for this research is:
“Is restorative justice an efficient replacement to prosecution for offences such as criminal behaviour, threats, minor theft and assaults?”
Hypothesis
The hypothesis for the research is:
H0: restorative justice is an efficient replacement to prosecution for offences such as criminal behaviour, threats, minor theft and assaults
H1: restorative justice is not an efficient replacement to prosecution for offences such as criminal behaviour, threats, minor theft and assaults
Literature Review
John Braithwaite talks about restorative justice in his article “Restorative Justice and De-Professionalization” and calls it a process where the people affected by an offence have the opportunity to discuss how they were affected and decide what should compensate the damage. The main idea is that where crime hurts, justice should heal. The author also writes about conversations with people affected and their responses to restorative justice (Braithwaite, 2004).
Zehr discusses the idea that there are three key elements supporting restorative justice (Zehr, 2002):
The understanding that both the victim and the surrounding society have been affected by the offence and this makes restoration necessary.
It is the offender's obligation to make amends with the society and the victim.