RESTORATIVE JUSTICE

Restorative Justice Related To Age In Regard To Corrections

Table of Contents

Introduction3

Restorative Justice for Youth3

Restorative Justice and Its Relation to Corrections3

Principles of Restorative Justice4

Participation of the Victim Does Not Mean That the Victim Is Guilty4

Agreements Should Not Be Coercive4

Confidentiality of Proceedings5

Judicial Supervision5

Failure to Reach an Agreement5

In Case Of Failure, the Punishment Cannot Be Increased6

The Process of Restorative Justice6

Finding the Cases6

Consent to Restorative Justice7

Reaching the Victim and Offender Agreement7

Reporting Restorative Justice to the Officials7

Rights Protected Through Restorative Justice8

Right to Recognition and Protection8

Right to Freedom from the Inhuman Treatment8

The Right to Presumed Innocent8

Right of Free Trial8

The Right for Assistance through Council9

Importance of Restorative Justice for Youth9

Impact of Restorative Justice10

Victim's Satisfaction10

Criminal's Satisfaction10

Restitution11

Recidivism In Future11

Conclusion12

References13

Restorative Justice Related To Age In Regard To Corrections

Introduction

Restorative justice is the field of justice that focuses on the relationships and the harm caused to the community. In contrast to criminal and civil justice, which focuses on the laws and regulation, and identification of the guilty and punishment, restorative justice focuses on the needs of the victim, offender and the harm caused to the community (Atkinson, 2006). It reduces the harm caused to the parties by apologizing, returning the stolen money or through community service.

Restorative Justice for Youth

Illegal behavior done by children or youngsters below the age of eighteen falls under the category of Juvenile delinquency. Restorative justice focuses on reducing the charges on the youth so that the need of youth and their families can be met. The current juvenile justice system has failed to address the issues of safety of communities and rehabilitation of the youth (Ness, 2005). Therefore, American humane association has taken effective measure protect the rights of offenders while not hurting the community's interest (American Human Association, 2011).

Restorative Justice and Its Relation to Corrections

The literal meaning of correction is alteration, amendment and adjustment. Legally, it means that the punishment of children shall be reduced or minimized by considering the age, mental ability and impact of that offense. The parents, mentor or school advisors of those children can ask for correction by presenting valid proofs.

Principles of Restorative Justice

Restorative justice means that the rights of the offender should not be violated. According to the 5th amendment in the United States Constitution, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury” (Legal Information Institute, 2011). Following are the fundamental principles of restorative justice process, under the light of law

Participation of the Victim Does Not Mean That the Victim Is Guilty

Participation of the offender should be taken as, a responsible behavior of the victim, to correct the harm caused to the community. Participation does not reflect that the offender is guilty. Rather, the victim has right to defend his position through legal assistance and counseling, as well.

Agreements Should Not Be Coercive

Parties should reach the agreements with mutual consent and respect, under the light of the law. No party should be forced to accept the agreement, and the punishment should be ...