20 Jul 2022

81

Restorative Justice and Fairness

Format: APA

Academic level: College

Paper type: Research Paper

Words: 1230

Pages: 5

Downloads: 0

Introduction. 

Restorative justice takes a significant role in rehabilitating the offenders by creating peace between the offender and the victim by involving the stakeholders and the community (Liebmann, 2007). This fairness scheme implicates the victim in establishing rules and other peacemaking processes with the lawbreaker. The main aim of restorative fairness is to collect data on the causes of law-breaking amid the social order and condition that cause the actions. Individual approach is emphasised by the justice system when the platform is provided to that allow both parties to air out their views concerning the crime scenarios. The victim, therefore, explains the effect of the acts committed by the offender. The convicts are held into responsibility by the action determined. The community, therefore, can reform their conduct to the society and the universe at large through the peace marking procedure. This research emphases on how soothing justice impacts all participants in attaining a unified tactic in the hunt of fairness. Furthermore, restorative justice vigorously includes the offender to reinstate amity while considering their desires, and how the process attains a significant renewal of same material and passionate loses to the fatalities and the society to influence the rapid restoration of the villains in the community. 

To attain peace and harmony in society, restorative justice structure reunites included parties in finding a way to solve the dissimilarities. The key to the coordination is to convert society into a prominent place where crime is least. The connection and the morals of community members are enhanced as a whole. It is therefore vital for all the affected victims to contribute during the search for justice to ensure prosperity on the morals and relations in the community. Restorative justice benefits when both the offender and the victims are satisfied with the judgment given compared to the traditional way of attaining justice using the criminal justice systems. Due to this the crime cases, post-traumatic anxiety among other effects that get questioned as a result of questionable behaviour. 

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Research Hypothesis. 

This research is based on research on three hypotheses as highlighted below; 

Restorative justice attains fairness among offenders, sufferers, and community by endowing the shareholders to tackle all matters firmly. The victim is therefore permitted to raise their obstructions basing on the criminal activities committed by the offender. On the other hand, the offender should also know the effect caused by their actions to the victims. The community contributes to ensuring both the criminal and the victim are reunified back to the community. 

Offenders are fully involved in the restorative justice in hunt of cohesive honesty to make sure that they recognise the influence of their doings. The criminals should likewise realise their responsibilities in the community which will swap the wild deeds they deportment. The renewal fairness should emphasise the involvement of the offenders needs to make an explanation of their unjust actions. 

Restorative justice attains union among wrongdoers and sufferers by restoring harms the victim has encountered. The victims are given a podium to show their emotional and psychological damage caused by the offender’s unjust actions. Both the offender and the victim are taken to a settlement where the victim struggles to recover their serenity while the delinquent's wage for the offences. The community is required to welcome both celebrations by giving a pleasant atmosphere that will enhance change and recapture. 

Measurement and Analysis Approach 

During the search of fairness, soothing justice method labours on principal aims to safeguard harmony and ensure it is recovered in the society. Restoring harm caused by the victim is the critical factor of the justice system. Effects caused due to the unwanted behaviour may confuse, a disorderly community, anxiety, post-traumatic pressure, remorse, sorrow, and misery. The restorative justice schemes make sure that the affected undergoes session to recover their hale and happy lives. A counteractive justice scheme is also accountable for fixing the spoiled assets and linking the municipal in certifying the welfare of the affected. The restorative justice ensures the offender is being brought to justice while still repairing the harm committed. The offender takes responsibility for their actions and is located in curriculums that help in saving their character( Dignan, 2005).  

The restorative justice system ensures renovation in the community. The evildoers are put on punishment in a manner that the action cannot be repeated. The society and crime victims are also engaged in law-making meetings consideration in the situation that affects the morals of the whole community. The lives of the victims are also changed by recovering from the past criminal injustices and also acquiring a conducive surrounding to salvage from the previous predicaments. 

Literature review 

Bergseth and Bouffard (2007), defines restoration justice as a way of restoring the harm caused by the victim by considering the practices and program emphasizing the restorative purposes which include: taking the steps identified to repair the damage, incorporating the stakeholders and finally changing the local association between communities and the administration while replying to the crime. The authors also further argued that restoration justice aims to reunite the lawbreaker, the affected and the community at large. 

On the other hand, the National Centre for Mental Health Promotion and minority violence (2009) discourage the juvenile justice act of punishing the youth. Instead of punishing the offender, healing justice pursues to repair the harm by incorporating the whole community in assimilating the offenders and making them answerable of their mistakes. At this form of truth, the type of queries structures outdoes the traditional juvenile judge's questions towards providing justice. For instance, instead of asking them what kind of punishment the offender deserves, the issue in the restorative justice takes another model requesting the nature of the hurt caused by the crime and how to repair the damage. By bringing together the victim's offenders stakeholders and the community, adequate measures will be considered to solve the problem rather than punishment (Lawrence et al., 2010). 

However Bazemore and Umbreit (1997) further emphasise that for restorative justice to be effective, the offender should be willing to admit his harm and be accountable for it to the victim and the entire community as a whole. Therefore before practising the rehabilitation, the offender should be ready to admit the harm caused to the victims and society as a whole. 

Theories 

Most scientists argue that no justice can be gained in the criminal activity by handling the crime in any manner concerning the crime.one will conclude how fairness is granted basing on their mental social and Emotional and psychological healing. This, therefore, bring in to attend to review some of the theories that explain the restorative justice. The theories emphasise that by addressing the crime incorporating both the offender, victims and the community decisions and their belief will help to find the truth. Due to this, ( McCold et al., 2002) points out some of the therapeutic justice theories. These theories include; 

The Setback of moral separation 

Social and ethical development 

The emotional and moral-psychological healing 

The Reintegrated shaming 

The author mentioned earlier argues that by understanding the four theories justice can be given in favour of both sides hence satisfaction. 

Restoration technology. 

Criminal justice in most civil law countries has taken another step towards restorative justice. This is because sending the criminals to jail basing on the harm caused is not of great importance. When these people are jailed most of them develop more harmful acts, and when they are released, they become a nuisance to the community. Some of them even prefer becoming jailbirds since the environment becomes more conducive to them. Considering restorative justice will be of the significant impact of reducing most of the crimes committed in society. When the offender admits the crime is causing to the victims is advised legibly on changing the behaviour. 

References 

Bazemore, S. G., Pranis, K., & Umbreit, M. S. (1997).  Balanced and restorative justice for juveniles: A framework for juvenile justice in the 21st century . Washington, DC: Office of Juvenile Justice and Delinquency Prevention. 

Bergseth, K. J., & Bouffard, J. A. (2007). The long-term impact of restorative justice programming for juvenile offenders.  Journal of Criminal Justice 35 (4), 433-451. 

Dahlberg, L. L., & Mercy, J. A. (2009). The history of violence as a public health issue. 

Dignan, J. (2005).  Understanding victims and restorative justice . New York: Open University Press. 

Lawrence, R., & Hesse, M. (2010).  Juvenile justice: The Essentials . Thousand Oaks, Calif: SAGE Publications. 

Liebmann, M. (2007).  Restorative justice: How it works . London: Jessica Kingsley Publishers. 

McCold, P., & Wachtel, T. (2002). Restorative justice theory validation.  Restorative justice: Theoretical foundations , 110-142. 

Miller, H. V., & Emerald. (2008).  Restorative Justice: From Theory to Practice . Bingley: Emerald Group Publishing Limited. 

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