IMPLICATIONS OF RESTORATIVE JUSTICE

Implications of Restorative Justice

[Name of the institute]

Introduction1

Discussion2

Need for Restorative Justice2

Restorative Justice2

Types of Restorative Justice5

Features of Restorative Justice7

Objective of the Justice7

Principles7

Voluntary Process8

Implications of Mediation8

Criminal Justice and Restorative Justice9

Conclusion11

References13

Implications of Restorative Justice

Introduction

Crimes have always been the routine of the world and same is the fact with the counter strategies to combat them. There is a long history of crimes and punishments that appear to be severe and not very severe for varying level of nature of crimes. According to Aertsen et al (2013), the judicial system keeps on inducting different modes as to facilitate harmony in the society. Restorative Justice is, indeed, one of the initiatives to help victims as well as criminals in restarting a new life. Restorative justice is based on a consensus procedure in which victim and offender and other individuals or community members affected by crime act as core subjects, collectively and actively participate in the construction of solutions of trauma and loss caused the crime (Wallace and Wylie, 2013).

This program brings together people involved and affected by a criminal fact to dialogue about crime and its consequences. According to Bliss (2013), search repair emotional, moral and material and restore the relationship between the victim and defendant losses. It is a voluntary process, “a medium for the formation of a culture of peace.” Restorative justice is not a new modality of Justice, the Court or Tribunal. It is a stage in the criminal process, during which the people involved in the crime are brought to participate in an interdisciplinary intervention consisting of meetings coordinated by trained facilitators for this purpose. The meetings take place within an environment of safety and respect, so that problems do not escalate. This paper attempts to explore the implications of restorative justice and its role as to learn how it problematizes the criminal justice system.

Discussion

Need for Restorative Justice

Before the commission of a criminal offense, comes to the state the power and duty to punish those who violate the law and social peace, returning evil caused to the commission of the offense by applying extreme measures. Thus, deprivation of liberty has become standard practice in our current criminal justice system and is imposed as a means of response to a criminal offense and as capable of pipelines and prevents future re-socialize the offender, which, unfortunately, happens far. According to Goodstein and Aquino (2010), stale kind of re-socializing ideal is not in sight and witness the failure of the current criminal justice system, since the active subject of the crime, be subjected to a penalty for his freedom, is the result of a process of de-socialization that makes prone to commit other crimes.

According to Carruthers (2012), Restorative justice is a form of response to crime different from the response of Criminal Justice. It tends to act with objective coverage, because it tries to solve the crime problem also considering its causes and all its consequences. Also works with subjective scope, because it includes the solution of the crime problem not ...