Restorative Justice Essay

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Examples and results of restorative justice Restorative justice isn’t typically seen as the remedy to the crimes that we see today. However, restorative justice has proven to demonstrate positive results when it is deemed necessary to be use. For this reason we cannot eliminate the potential use of restorative justice in the justice system today despite some of the negative results that have been documented. Before we can discuss the process of restorative justice, we must first discuss the system which we have in place today. This system known as retributive justice is the main cause for the corruption that exists in our criminal justice system today. For this reason we must first ask ourselves these following questions. What is restorative
Why is one system used more than the other? What are examples and results of using restorative justice? Questions such as these will hopefully give us insight into the history of our criminal justice system and clears up any miss confusion which we might have to this day. Retributive justice is a process used in criminal justice courts today, where justice is served through punishments. According to Michael Wenzel, author of the article of “Retributive and Restorative Justice” explains the process of retributive justice by stating “according to this notion, an offender, having violated rules or laws, deserves to be punished and, for justice to be reestablished, has to be punished in proportion to the severity of the wrongdoing.”(Wenzel 349) Essentially what Wenzel is trying to entail us is that justice in this system is delivering punishment to the offender based on the crime that they have committed. For example the punishment that a person who commits mass murder deserves a harsher sentence then someone who either just robbed or killed one person. We cannot have the same equality of punishments exist if the crimes are different. Restorative justice which we will discuss later on is the opposite of
Wenzel makes an interesting statement about restorative justice, he says “restorative justice means the repair of justice through reaffirming a shared value-consensus in a bilateral process” (Wenzel 375). What’s important from this statement is the fact that a bilateral process is involved and there is a consensus between both groups. Unlike retributive justice which we saw previously, the victim and the offender in restorative justice have the opportunity to make a very tragic situation turn into a positive outcome. Punishment is not used as a means of serving justice to the offender. Restorative justice programs were created to provide the victim with healing while also making the offender pay for their offense. In order for restorative justice to be used in court, certain conditions must be met. The most important concept that must be met is that victim support and healing must be a priority (Liebmann 26). If victim support and healing are not consider in the court case, retributive justice is the only system that can be used at that time. The next criteria that must be met is that the offender needs to take responsibility for what they did. Liebmann states that offenders take responsibility not by serving their punishment but saying “yes, I did it and I take responsibility for the harm I caused” (Liebmann 26). The reason

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