The Importance Of Rescission And Restitution Of The Law Of Gains Based Recovery

Restitution as a means of rehabilitating offenders tries to give the offenders a better understanding of what they have done, and the effects they have caused due to their actions. Punishing them with jail time does not seem to be enough to get offenders to understand the magnitude of their crime. If they have the ability to pay back the victims it will give them a sense of accomplishment and will allow them to feel as if they are doing good and correcting their mistakes. Restitution as a means of reconciling offender and their victims give the ideology that if they fully paid the person they hurt that they can both put their anger behind them and move on from what had happened.

Restorative justice is rehabilitation of offenders through reconciliation with victims and the community. Restorative justice programs are conferences held to enable offenders, victims and community members to meet face to face to discuss the crime that was done and determine the best way to repair the harm. Usually when offenders hear their victims describe the effect the crime had on them, they often feel sympathy and express remorse. Restorative justice conferences give the victims and community member’s justice and satisfaction. I believe the system is good because it gives criminals time to try and better themselves and try to change, and also gives justice and closure to the victims.

-The Issue: were all the elements of a contract present to make the contract enforceable?

Reparation is defined as the making of amends for a wrong one has done, by paying money to or otherwise helping those who have been wronged.

This philosophy's thought is that the victim of a crime is part of the sentencing process. This means that persons found guilty of committing crimes must compensate the victim of their crime. Restoration is the attempt to make the victims of crimes whole again. This philosophy makes the attempt to make someone guilty of a crime actually pay for their crime to the victim.

A cancellation can be effected if one party breaches the contract, or a termination can occur when either party lawfully ends the contract for anything other than a breach. In this case, all executor duties are discharged on both sides but in the event of a partial breach, there is still a right to seek a remedy (lectriclaw, 2012). Procedures dealing with all aspects of contracts are a part of everyday transactions and can affect every individual on one level or another.

The United States criminal justice is based on retributive justice. Putting offenders in prisons and jails as a source of punishment without rehabilitation has not helped them to become better citizens. " Restorative justice (RJ) is an option for doing justice after the occurrence of an offence that is primarily oriented towards repairing the individual, relational and social harm caused by that offence. (p.20)," says Prof. Dr. Katalin Gönczöl in European Best Practices of Restorative Justice in the Criminal Procedure. Retributive justice does not allow the victim, community or the offender have a say in what happens after the offence has been made.

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.”

Restorative Justice is the response to bad behaviour criminal restoration and the solution of the problems caused by a crime (Heath-Thorton). In 1994 Restorative Justice began to become more common. This happened when the American Bar Association approved victim-offender mediation. Restorative Justice first appeared in 1970 as a substitute for the court process. It came out at the same time as the victims’ rights movement, which wanted more involvement of victims in the criminal justice process.

Restorative justice is a system of criminal justice that emphasizes the rehabilitation of offenders through mending ties with the victims and the community. A better explanation of restorative justice is a theory of justice that emphasizes repairing the harm caused by criminal behavior. It is best accomplished through cooperative processes that include everyone involved. This can lead to transformation of people, relationships and communities.

Restorative justice is a very complex process in the justice system. It is a positive program that helps in the aid of victims of crimes. The process for restorative justice is broken down into steps which map out how the process should take place. According to Johnstone, “Restorative justice is the theory that justice aids the victim and emphasizes the repair of harm caused by unjust or harmful behavior.” In my opinion the restorative justice process is a great accomplishment to the justice system. Restorative justice does not always work as intended but the theory of which it is intended for is enough to be improved upon.

Restorative justice is a system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community at large. This criminal justice system that restores promotes accountability between parties involved and builds the community through the provision of assistance and respects to victims and anyone involved in the community because crime disrupts lives.

In the Novel, Things Fall Apart by Achebe, readers witness the Ibo justice system in action throughout the story. During the week of peace, protagonist, Okonkwo acts in rage therefore resulting in punishment. His belongings are also burned, and he is exiled as punishment after an accidental shooting. Overall, there are four forms of justice: distributive justice, procedural justice, restorative justice, and retributive justice. I would like to focus on the last two, restorative and retributive justice (the ones readers see the most in the novel). Restorative justice restores order. An example of this type of justice is an easy apology. Restoration means returning back to the original state, so it may consist of some sort of repentance to demonstrate one is in fact apologetic.

“Restorative justice is a process whereby parties with a stake in a specific offence collectively resolve how to deal with the aftermath of the offence and its implications for the future” (Munchie, 2004).

Retributive justice means an eye for an eye. Meaning your punishment will equal to the harm you’ve done. If one goes out and kill, they may receive life in prison. Depending on the situation they could also receive the death penalty. The justice feels that one should pay of its actions which I am in agreement. If a