Restorative Justice in South Africa - Can It work?

They are ‘informal’ in the sense that they apply non-state methods of conflict resolution (Kariuki, 2015). These procedures typically aim at restoring social peace instead of enforcing abstract legislation and in many cases reflect prevailing community norms and values. While some may view the restorative approach as ‘soft’ on crime, in reality it promotes the possibility of a win-win outcome for the offender, the victim, and the society in general (Lab, 2015). It is important to realize that this approach does not necessarily reject punishment entirely. Instead, it views it as an addition to restorative measures, such as forgiveness; therefore relieving victims, offenders, and the community at large from the psychological effects of crimes committed (Van Wormer & Walker, 2013). Additionally, restorative justice is a progressive and preventive response that strives to understand crime in its social context. It challenges one to examine the root causes of violence and crime in order to break these cycles (Berlin, 2016). This requires the assumption that crimes or violations are committed against real individuals, rather than against the state. The goal of restorative justice is not just to punish the perpetrator, but to compensate the victim for their loss, to prevent the accused from committing the crime again, and to reintegrate both the victim and offender

Restorative justice has shown some positive results, with the victims being able to forgive the offender for the offense committed against them bringing a sense of closure. There were little feelings of revenge that typically lingers and leave the victim confused about the decision of restorative justice

With the escalation of murders and rapes committed by minors as seen in recent years the people are looking for the right answer. Public concern over the effectiveness of the juvenile courts when dealing with these offenders has brought about change in the justice system. (Stolba, 2001). The courts now, are quicker to transfer a juveniles’ case to adult court than when the juvenile system was first formed. There stands a conflict of interests within the two court systems. Juvenile courts are to protect the rights of youths determined incapable of adult decisions. The primary concern is that the youth be rehabilitated and not become a repeat offender. Thus, protecting the child from incarceration with adult criminals and any possible future victims. The concerns of the adult court is to make sure the convicted offender pays for their crime and that the victim gets justice. Rehabilitation is not a primary concer of the adult justice system.

Its most commonly known definition was provided by Marshall in 1996, that describes restorative justice as a process where both parties; victims and offenders, work together to restore, resolve and deal with the after effects of the offence and future ramifications (as cited in Van Camp & Wemmers, 2013). The concept of restorative justice originally derived from various indigenous and pre-industrial western justice practices, however, in the 1970's it begun to appear in modern times and was then developed as a reference to describe victim-offender programs that were developed in North America (Strang, 2001). Restorative Justice approaches spread across the world in the 1990's, where many countries such as Canada, Australia and the United Kingdom, began introducing these approaches as alternatives in their criminal justice systems (Braithwaite, 1999). The concept of restorative justice usually involves victim and offender direct participation and is conducted in the form of conferences or mediation. This is where both parties; the victims and offenders, come together fact-to-face in one location, alongside a facilitator, police and support people, and work out together the consequences of the offenders actions and the

Julie Hilt is the executive director of the Solano County Bar Association. Julie realized that Solano County didn’t have a restorative justice program. Julie realizes this program is new to Solano County and hope the program is supported in the community. Julie states the purpose of the restorative justice program in Solano County focus is to restore the community and promote healing after a crime; the process has additional benefits, such as increased restitution for victims, greater satisfaction with the system and potentially lower recidivism. Julie believes the restorative justice program is designed to teach the offender to be accountable for their wrong doings. Julie says the practices of the program are allowing the victim(s) who is willing the opportunity to come forward and participate in a face to face meeting with offenders.

The purpose of the restorative justice involves three basic goals: reestablishing the victims, reuniting offenders to the community, and helping to heal the community (Goodstein, and Butterfield, 2010). After being charged with an offense, the offender will always have that label on them and how everyone acts towards the offender will change. Restorative justice practices gives the offender a chance to change their outlook on life after being charged. These type of practices involve repairing and restoring relationships. Victims have the chance to come face-to-face with their offenders which could possibly lead to closure.

Restorative justice is a style of discipline found within the criminal justice system that focuses on the rehabilitation of juvenile and adult offenders through reconciliation with victims and society at large (Richards 2009). Practices and programs that reflect restorative purposes will respond to crime by identifying harm and pain caused, taking steps to mitigate damage, and finally repairing the harm caused. Restorative justice encompasses all

With the belief that the former policy of rehabilitation no longer sufficed to meet the needs of the countries growing criminal population, new policies enforced harsher punishments, longer sentencing ranges with the removal of early release privileges, and reinstated the practice of capital punishment (Miethe & Lu, 2005). For professionals in the field, who intend to make strides, which have a positive impact on the future of crime, it is critical for them to understand this history. It is simply not enough to know it. Within the patterns, there is a message and an answer of how to effectively deal with the crisis faced today as a result of the policy changes. The crisis of not only how to handle offenders, but how to appropriately deter

My initial reaction to the concept and process of restorative justice was positive. I am in full agreement to the process and feel this is a program that should be implemented in schools, justice systems, at home, and in the community. Van Wormer describes this program goal is to work together as a community (community building) to restore what was once whole and holding the offender accountable for damages (Van Wormer & Besthorn, 2011). Restorative justice is a humane way of problem solving and giving the opportunity for the offender to understand the effects made on the community, it's a form of therapy to discuss the underlying causes and issues. This provides the opportunity for both victim and offender to heal and create solutions.

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.

This essay aims to make clear the system of restorative justice and its aims towards youth offending, whilst arguing points for and against the current system and whether or not it is more appropriate in terms of dealing with youth offending. It will also define restorative justice as well as defining what is meant by conventional justice. Making clear how and why these two systems came to be a part of youth justice whilst concluding as to which if either is more appropriate in dealing with youth offending behaviour.

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.

With the rise of Civil Rights Movement in western countries, the circumstances of the criminal victims are getting more attention gradually. Due to this emphasis, it directly led to a first revolution in the criminal justice, the revival Restorative justice. For a criminal justice system, victim support and healing is a priority which might seem an obvious aim. "Restorative Justice" was first introduced by an American professor, Randy Barnett in 1977. Nowadays, restorative justice systems have been applied to criminal justice system in many countries (Tai Wan, Australia, the US and the UK etc). In spite of many researches of restorative justice composed by western scholars, however it has not yet been defined properly and cover over the cons of this system. Restorative Justice repairs the harm that caused by crime and reducing the future harm on victims, there are advantages yet there are also bad. In this essay, I will use the application of the principles of sociology, literature, ethics knowledge to demonstrate argumentation to restorative justice and to reflect the pros and cons. (160words)

How many inmates were isolated from their communities when they had committed a crime or when they got released from the prisons? And how many effective programs can be helpful for them?Many posts-release prisoners have experienced recidivism and social stigmas due to lack of programs. In fact, restorative justice for people in prison has played a big role in our correctional systems in many different ways.Restorative justice in prison shapes our prisoner 's morals and abilities by providing a suitable technique. Although punishment may play a part in restorative justice techniques, the central focus remains on relationships between the affected parties, and healing reached through a deliberative process guided by those affected parties.( Tsui,2014). For instance, many inmates have attended into reentry programs and educational orientations when they finished their time in prison. These programs cost less money for the government, and inmates can be reintegrated into societies easily. Many post-release prisoners have avoided recidivism after these effective programs taught them the value of lives. This study will examine the importance of restorative justice in prison, which is essential for our correctional facilities. Numerous studies have been done recently which focused on this restorative justice.For example, restorative justice answers the justice question in a different way.(Toews,p.5,2006).

In South Africa, the correctional processes have trended in the last decade revealing more Community Based alternatives to incarceration. This is offered in two ways: correctional supervision and parole supervision. Other community-based alternatives to incarceration also include sanctions at the pre-trial state, and post-sentencing. In the pre-trial stage, diversion programs are offered. In the post-sentencing alternative a specified provision may be