8 Jul 2022

151

What is Restorative Justice?

Format: APA

Academic level: College

Paper type: Research Paper

Words: 1912

Pages: 9

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Anyone may become a victim of a crime. It makes no difference whether you live in a gated neighborhood, in a suburban town, or in a home where you have lived your whole life and know almost all of your neighbors. We may all become victims of a crime at any time of the day. It's an awful situation to find yourself in; however, it happens when you least expect it. Regardless, anyone involved in a crime, including the suspects, becomes a victim. The concept of restorative justice is based on fixing the victim's damage caused by the crime committed. Restorative justice aims to alter our traditional criminal justice systems. Conventional criminal justice mechanisms prioritize punishment to suit the offense. In contrast, restorative justice processes prioritize what is best for all people impacted by the crime committed, which may be a less expensive alternative to how the existing criminal justice system operates. 

There are three types of restorative justice mechanisms. Either the victim or the perpetrator may initiate an application for a restorative justice circle. The victim, friends, and relatives of the victim, community members, and even someone who is part of the criminal justice system participate in a group. A member of the group is the one who facilitates the circle. The facilitator's role is often referred to as the "keeper." The keeper ensures that the process is smooth and sometimes reminds the circle of the process's advantages. The theory of restorative justice originated from Native Americans' peacemaking rituals. All have the opportunity to talk and voice their thoughts in restorative justice circles. These issues often go beyond the debate of the crime oriented. This brings together society in a constructive manner. The victim and the perpetrator meet face to face in restorative conferences to discuss the consequences of the crime (González, 2017). Citizens should support the perpetrator and the victim. Someone skilled in restorative conferences helps the victim and the perpetrator to participate in constructive conversation. A professional mediator uses mediation between the victim and the perpetrator to discuss how the offender can correct problems for him/her. In this article, we shall explore the basis of restorative justice, restorative justice mechanisms, values, components, efficiency, adherence, and current Restorative Justice efforts in the community. 

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Foundations of Restorative Justice 

Restorative justice is not a novel concept; it has been rebranded and renamed many times over the ages. In the early 1970s, Canada and the United States experimented with and implemented what was then acknowledged as 'Victim-Offender Mediation.' In the late 1980s, this evolved into programs such as 'Family Group Conferences.' These and other programs have developed into what is now known as restorative justice. The overarching theme and aims of both of these projects have been to put all participants together with a single purpose in mind: correct the wrongs of crime. 

Restorative justice comprises three main components: justice entails rehabilitating victims, criminals, and societies harmed by violence. Victims are the subject of several models, and restorative justice initiatives are structured to support and heal them first. Getting all of the victims in a crime together broadens the spectrum. For instance, peeking out a window and seeing a tiny portion of sunrise is fine, but throwing open the window and ultimately embracing the sunrise puts it all out, nothing concealed or lost. It aims to integrate everyone involved; it provides an accurate image of what is going on and enables healing to begin. 

Secondly, all offenders should take an active role in the criminal justice process which helps speed up the process, closes victims and families, and ensures everybody has a voice. Finally, the government should be in charge of the order, and societies should be accountable for peace-building. This section is an ongoing part of restorative justice to actively involve the communities and government and ensure that all parties are on the same page and with the same objectives. 

Processes to restorative justice 

Three restorative justice mechanisms exist. These processes include restorative circles, restorative conferences, and mediation between victims and offenders. The restorative circle is where the perpetrator, the victim, the relatives of the offender, the victim's family members, and all other community members who may have been influenced by the crime or have an interest in the case are met, along with a representative from the system of justice. During a Restorative Circle, both participants are free to address any questions or doubts about the event. They focus as a collective on the road to a reasonable resolution for the victim and community and discuss the offender's responsibility to the victim and community. Members of the community will create a strategy, decide how it will be implemented, and oversee it. 

Restorative Conferencing is a face-to-face meeting between the perpetrator and the victim to discuss the crime and how it has affected both the victim and the offender. A qualified specialist, such as a psychologist or therapist, is present during the meeting to serve as a mediator and to provide guidance to both the perpetrator and the victim during their conversation. This mediator also offers advice and support in keeping the dialogue civil and on track, reflecting on the impact of the crime and what needs to be done to address any problems ( Kirkwood & Hamad, 2019) . The method of holding a restorative conference is usually divided into three stages: pre-conference planning, the actual conference, and the follow-up conference. 

During this conference, both the suspect and the victim share their thoughts and emotions about the incident and openly express their reactions to the crime. The ultimate aim of this procedure is to ensure that both the victim and the perpetrator are mentally and emotionally prepared to re-enter the communities' treatment. 

Victim-Offender Mediation is the final restorative justice mechanism. This procedure creates a secure and comfortable environment for the restorative dialogue to take place. Even though participation in this procedure is entirely voluntary, the offender is encouraged to do so. If the criminal refuses, they can be sentenced to serving time in jail or prison. 

Essential Elements of a Good Restorative Justice System 

Because of restorative justice's fluid nature, several aspects are found at the center of restorative justice initiatives. Inclusion, transparency, and negative actions are three of the most essential and necessary components. Inclusion is vital to the effectiveness of a restorative justice initiative. It brings those involved together to look at the larger picture of a crime. One of the most challenging facets of the beneficial justice system is inclusion (Teigen, 2018). It contradicts what most have heard and trailed for ages; it gives victims, families, criminals, and the government a voice. For others, it could run counter to several vital ideas and feelings about the way the judiciary works. However, the truth is that everyone helps to heal and encourages both parties to deal with this. All must be committed to the model of restorative justice that works successfully. 

This approach helps criminals to take responsibility for their crimes. It also offers victims and communities information about what they should do to tackle the violence. Accountability is part of inclusion, and everyone has a certain amount of accountability. Accountability, on the other hand, encourages society to reaffirm social norms and community regulations. 

Harmful actions must be detected, discussed, and brought to the forefront before any of the restorative justice program's gears can begin. This openness relates to the earlier described throwing open the window and watching the whole sunrise. The crime is just one small part of a much larger and far-reaching image. Crime affects everyone, from victims to neighborhoods, industries, and the overall sense of safety. All facets of the crime and who and what it impacts must be taken forward and put out on the table. Restorative justice programs can fail if they lack any of the elements. 

Participation 

Simply put, anyone who is harmed by a crime must be involved. Restorative justice requires active and dedicated participation from the criminal, victim, community, and government. Everyone concerned must be open to being frank and forthright about all that happened. The government must work hard to include all parties involved; this can be a challenge to the government to some degree, but the pace and efficiency at which rights are significantly violated outweighs the time. The perpetrator must truly comprehend and accept their wrongdoings to understand how many individuals and objects their selfish act has influenced. Above all, the victim must be an essential fragment of the course to have justice and give them a chance to help with closure. The public must be open-minded and embrace the fact that crime happens in their society and be open to considering new ways to respond to and revolve around specific problems that could be causing those crimes ( Lasmadi et al., 2020) . The contribution is analogous to a faultless timepiece; once all of the piece's work in unison, the end product is flawless; remove one tiny portion, and all you're left with is a paperweight. 

Transformation 

Restorative justice can change the more renowned criminal justice paradigm, but not so that it renders it redundant. One thing to keep in mind is that the US's justice system has continuously been focused on revenge. Under this retributive style model, revenge is punishment, and the perpetrator is the state or government, granting them the right to punish. The retribution-based paradigm is turned on its head by restorative justice and its philosophies and ideas. The transition would not be a substitution but rather a synthesis of both. It combines these two systems to decrease jail numbers by concentrating on the environment and victims and punishing those who need it ( O'Mahony & Doak, 2017) . Furthermore, providing even more opportunities for all participants to recover and know there are other options available. 

It is essential to strike a balance amid the retributive and restorative justice systems. Depending solely on one or the other will not work; our existing system is congested to the point of near-shutdown, financially destroying our organization and offering no natural healing or comprehension of crime and its causes. Restorative justice cannot function without the retributive component. Restorative justice will not always work; there will be reoffending, so maintaining the corrective mechanism is critical. They must work in conjunction; using just one sole would leave us in the same situation we are in now. 

Efforts by the community 

Under the administrator's capable leadership, the local government can bring concrete measures in place as new restorative justice results that the community should accept. Community service, restitution, and transitional services are the three restorative programs funded by the community. Restitution is one of the services that compensates victims of financial damage incurred by crimes. Restitution assists victims in getting back on their feet after a felony. Public Service is also related to services that are introduced in the majority of states and countries. Community service entails criminals' voluntary involvement in the development and building of the community, which helps them change their ways for the better. Transitional services typically include a program that transfers a convicted prisoner to society ( O'Mahony & Doak, 2017) . Usually, these services include community members who help the individual adapt and support the afterlife before being entirely accepted back into society. Another beneficial factor of restorative justice is community service. The component of offenders doing typical jobs in the local community involves the Community service significantly. Ex-offenders can choose to engage in community service as a form of restitution for their crimes. 

Furthermore, community service allows volunteers to do physical work for the elderly or clean the local medical center, giving back to the community while also enhancing the overall community picture. Customary ventures are also crucial because they assist former convicts in regaining their footing in society. Reclamation from this perspective is significant because it helps restore an offender's life to how it was before incarceration. It provides the offender with a second chance to change their ways and work individually with people in the community to improve themselves. 

Conclusion 

In conclusion, restorative justice, combined with our existing system, is a solid step toward developing and constructing a design that genuinely works and offers healing and support to all members while reducing our court systems and law enforcement burden. A restorative solid justice system that encourages active engagement, tolerance, and integrity will bring us closer to peace. Some needs must be addressed through restorative justice, such as compensating the victim, blaming the perpetrator, reintegrating the offender into the community, and improving community safety through community building. The penalty for the criminal includes restitution, fines, and community service. The ultimate aim of restorative justice is to return those involved to the mental state before the crime occurred 

References 

González, T. (2017). Youth Incarceration, Health, and Length of Stay. Fordham Urban Law Journal, 45(1), 45–82. Retrieved from http://search.ebscohost.com.proxylibrary.ashford.edu/login.aspx?direct=true&AuthType=ip,cpid&custid=s8856897&db=a9 h&AN=127554221&site=ehost-live 

Kirkwood, S., & Hamad, R. (2019). Restorative justice informed criminal justice social work and probation services.  Probation Journal 66 (4), 398-415. 

Lasmadi, S., Sari, R. K., & Disemadi, H. S. (2020, May). Restorative Justice Approach as an Alternative Companion of the Criminal Justice System in Indonesia. In ternational Conference on Law, Economics, and Health (ICLEH 2020)  (pp. 206-209). Atlantis Press. 

O'Mahony, D., & Doak, J. (2017).  Reimagining restorative justice: Agency and accountability in the criminal process . Bloomsbury Publishing. 

Teigen, A. (2018). New Approaches, Changing Lives: Juvenile justice reform improves the odds that at-risk youth become productive adults. State Legislatures, 44(6), 10–15. Retrieved from http://search.ebscohost.com.proxylibrary.ashford.edu/login.aspx?direct=true&AuthType=ip,cpid&custid=s8856897&db=a9 h&AN=129724768&site=ehost-live 

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