Is Restorative Justice Gaing Support in South Africa?

Restorative Justice, according to Google, is a system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community at large. It does not have a place in our society for several reasons. It is ineffective because it doesn’t punish people, doesn’t change them, and makes the situation even worse in most cases.

Within the criminal justice system discuss the effectiveness of legal and non-legal measures in achieving justice.

Some may see restorative justice as good and bad. It is good because the victim and offender can both express what they are feeling about the crime that was done. But it could also be bad because talking about the event brings back memories to the victim and may make them angrier rather than feeling justified. The offender also may not even be sincere with their apology they’re probably just telling the victim what they want to hear. Most of the cases that I have read and watched about restorative justice were beneficial to the victims.

Restorative justice practices is seen as an innovative informal approach to criminal justice and is used as an alternative to the mainstream criminal court procedures. It offers alternate ways to aid in repairing the harm caused by the offenders and involves both the victim and offenders in the process. Surrounding restorative justice lies the debate that the practices are potentially more harmful than beneficial for the victims. This debate is complex and interminable, as there are various factors that can influence the outcome of the procedures. This essay will explore and discuss the concept of restorative justice and the practices that are commonly supported and conducted in Australia. The essay will then explore the debate around restorative

Restorative justice is based on the principle that criminal behavior injures not only the victim but also the community and the offender, and any effort to resolve these problems caused by criminal behavior should involve all of these parties. Common restorative justice initiatives are victim-offender mediation, circle sentencing, community holistic healing programs, and family group conferences. A key to all these responses to criminal behavior is to address not only the offender, but all parties involved including the victim and their families, offender's family, community citizens, and even the police officers themselves.

Restorative justice (RJ) is the practice of trying to restore the victims of harm or trauma back to a state of peace and contentment. It is used to benefit the victims so they can in a way reclaim a part of themselves. Restorative justice has three main models/practices; Victim Offender Conferencing (VOC), Circle Processes, and Family Group Conferences. Victim offender conferencing is the most common application of restorative justice in North America. In, The Little Book of Victim Offender Conferencing, Lorraine Stutzman Amstutz explains, “the victim offender conferencing process brings victims and offenders of crime together in a face-to-face meeting prepared and led by a trained facilitator, often a community volunteer, to talk about the impact of the consequences of the crime.”

Our current system of law and justice is oriented completely to the offender. “Restorative” justice is a term used to describe a number of programs that seek to do…what? What is “Restorative” justice and how may it work? Pg 67

Restorative justice is typically used in cases like burglaries and robberies. It helps not only the offender and the community, but the victim as well. The reasoning behind using restorative justice is to focus more on the rehabilitation side through reconciliation with all of those who were involved. I agree with restorative justice and what it stands for. Mandatory sentencing is not always the best way to punish someone for their crimes.

The criminal justice system is a set of agencies and processes established by governments to control crime and impose penalties on those who violate laws. Different jurisdictions have diverse laws, agencies, and ways of managing criminal justice processes. In recent years, it has been debated that the criminal justice system has two primary and possibility conflicting perspectives known as the retributive justice approach and the restorative justice approach. Retributive justice and restorative justice have contrasting approaches when imposing punishment, that will be explored within this research paper, in regards to the disadvantages and potential advantages resulting from the implementation of it’s polices within the criminal justice system. These two perspectives have been implemented amongst many different criminal justice systems internationally, however the questions still remain, what is justice? And how should justice be served? This debate has created a divide between countries, due to the differing interpretations of justice and it’s response to criminal activity. The statistical information has been extracted from various online sources listed within the references as well as primary and secondary sources, “Prisons” by Haley, James and “Alternatives to Prisons” by Jennifer Skancke.

Within the system of criminal justice, the restorative justice conferences allow the offenders, victims and their respective family members and friends to come together to explore how those involved in the incident had been affected and, when possible, to decide how to repair the harm and meet their own needs. A victim can request a restorative justice approach to help an offender comprehend and understand how the crime has affected their life, and/or other people's lives in the process, to gain information, helping put the crime behind them and aiming to come to terms/forget their experience and personal ordeal and to openly forgive the offender for their actions. Restorative Justice also aids offenders, with trials within the United Kingdom

The criminal justice system views any crime as a crime committed against the state and places much emphasis on retribution and paying back to the community, through time, fines or community work. Historically punishment has been a very public affair, which was once a key aspect of the punishment process, through the use of the stocks, dunking chair, pillory, and hangman’s noose, although in today’s society punishment has become a lot more private (Newburn, 2007). However it has been argued that although the debt against the state has been paid, the victim of the crime has been left with no legal input to seek adequate retribution from the offender, leaving the victim perhaps feeling unsatisfied with the criminal justice process.

Restorative justice has some key restorative values that are vital in the restorative justice conference to make the experience ‘restorative’. Concerning addressing victim needs and concerns means for listening, respecting, being non-judgmental, not blaming the victim and apologizing. The RJ system was bought as an alternative to the criminal justice system to give greater emphasis on victim rights and needs, offender accountability and community involvement. Throughout the essay, there will be an insight into how Restorative Justice addresses needs of victims in terms of the different proponents such as Information provided to victim, restitution/compensation, emotional and practical needs met, participation and involvement of victim and protection of victim, which (Wemmers and Marisa, 2002) as essentials to victims participating in the practice. The two countries that will be addressed will have had restorative justice built out of injustices and over-representation of the current criminal justice system to the indigenous peoples of those countries.

Restorative justice, when implemented appropriately, can have a deep and emotional effect on all involving participants. This type of rehabilitation can allow the victims to receive answers about the crime and address the harms that have befallen them, they can also gain closure in those cases that result in the bereavement of a loved one or loss of personal security (i.e. Burglary, robbery, rape). What is more, victims also find out if the offender is truly remorseful, and take responsibility for the pain and suffering they have inflicted. I believe that this type of justice is a better way of handling criminal situations simply because it allows the victim of having some kind of confrontation with the offender for healing purposes. This type

This paper will focus on retributive justice and restorative justice. Let’s begin with the definition of each. Retributive justice is a theory of justice that considers that punishment, if proportionate, is a morally acceptable response to crime. On the other hand, restorative justice is the opposite. It is a theory of justice that focuses on the needs of the victims and the offenders. So which of these should be morally right?

Phara 1 maybe...The White Paper in Coreectional Services in South Africa was introduced in the begining of 2005 for prisons to become correctional centres of rehabilitation and offenders are given new hope and encouragement to adopt a lifestyle that will result in a second chance towards becoming the ideal South African citizen.(Department of Correctional Services, White Paper on Corrections in South Africa 2005)