The Veracity of Restorative Justice Gaining Support in South Africa
Introduction
Restorative justice has materialised greatly in South Africa’s jurisprudence, legislation, writings and practices. Is this a sign that restorative justice is gaining support in South Africa? To evaluate the veracity of this statement one will have to know the difference between traditional justice and restorative justice, in which the latter case is a less punitive punishment compared to the other. One will also need to take into account South African legislation and case law.
What is restorative justice?
Restorative justice is an approach to achieve reconciliation between the parties involved in a crime and other people who were affected by the harm done. Restorative justice is seen as a distinctive process. It is also seen as a set of unique values. Restorative justice is seen as being guided by the value of healing; whereas the criminal justice system (traditional justice) usually used compensates the hurt of crime with the hurt of punishment. Traditional justice tends to focus more on the crime that has been committed whereas restorative justice places emphasis on the future. It is further seen as an application of the spiritual teaching of criminal justice as well as a theory of social justice. Moreover, it has also been stated that restorative justice should be adopted as a lifestyle. Thus insinuating that we as a society should take to heart the values and principles of restorative justice and apply it in our individual lives. Restorative justice strives to achieve its primary objectives. These objectives involve taking the victim’s needs and circumstances into account. This objective is also extended to people who are close to the victi...
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Restorative justice system could be in the form of circle sentencing. In this system, all of the parties involved are present which includes: a judge, prosecuting council, defense council, police officer and community resident facing each other in a circle. Though the offender will still be punished, this serve as some form of rehabilitation and reconciliation between the offender and the
Roach, K. (2000). Changing punishment at the turn of the century: Restorative justice on the rise. Canadian Journal of Criminology. 42, (2), 249-280.
Question 1. Both Thomas Mathiesen and Stanley Cohen argue that alternative criminal justice responses that were presented after the 1970s were not real alternatives (Tabibi, 2015a). The ‘alternatives’ which are being questioned are community justice alternatives generally, and Restorative Justice specifically. The argument here is that Restorative Justice cannot be a real alternative because it is itself finished and is based on the premises of the old system (Mathiesen, 1974). Moreover, Restorative Justice is not an alternative, as it has not solved the issues surrounding the penal system (Tabibi, 2015a). Cohen (1985) supports this sentiment, and suggests that community based punishment alternatives have actually led to a widening and expansion
Restorative justice can be defined as a theory related to justice that is concerned on repairing the harm that is caused or revealed by a criminal behavior (Barsh 2005: 359). Over the years, restorative justice has been seen as an effective way of dealing with both social as well as cultural issues of the aboriginal people. Because of these, restorative justice is used in many of the local communities in an effort to correct criminal behavior. This concept is seen as a conceptualization of justice which is in most cases congruent with the cultural and the community values of the aboriginal people. There is growing body of evidence which suggests that there are a number of challenges which accrue the effective implementation of restorative justice amongst the aboriginal people.
Instead of focusing on crime prevention, restoration focuses on repairing the harm done to the victim and the community. Along with restoring property and personal injuries, restoration is meant to bring back some kind of security. Legislators and victims want to know that justice has been done. Van Ness and Strong (1997: 8-9) suggested three core principles for the nature of restorative justice. First, Justice requires the healing of victims, offenders, and communities injured by the crime. Also, they should be permitted to stay involved in the justice process in a timely manner. Lastly, the government should be responsible for preserving a just order and the community should be responsible for establishing peace. The victims family in a murder case can have a since of relief when the offender is sentenced to the death penalty. They can know that justice has been done and will have a sense of security knowing the offender cannot harm anyone else again. The family can now mourn over there loss more
The purpose of this paper is to examine the processes of both Restorative and Retributive justice through the case of Sara Kruzan vs. The State of California. First we will establish the principle philosophers associated with each type of justice and those system's theoretical applications in our criminal justice system. Then we will apply both systems to Sara Kruzan's trail and determine the publishable outcomes. Finally we will review Sara's Life after her trial and speculate on what system would have produced a more just outcome.
Lorraine Stutzman Amstutz states how schools that claim they are following restorative approaches through their policies in discipline are not necessarily restorative, but have enough flexibility to allow a restorative response.
The concept of restorative justice became a game-changer in juvenile justice system. Through the course of time, professionals explored every possible methods and approaches that could positively affect the children without the expense of harming their future and wellbeing. The idea of restorative justice is “administer justice that focuses or repairing the harm done to the victim and the community. (Save the Children-UK, 2005)” The four guiding principles are to: (1) Repair and restore the balance within the community. (2) restitution for the victim. (3) Ensure that the offender understand and take responsibility. (4) Help the offender to change and improve. In South Africa, this is practiced in their community throughout
In an instant a life can be turned upside down. This happened to a women name Mildred. Mildred house was broken into and police were able to catch the offenders name David and Ed. For their crimes David and Ed need to make restitution to Mildred and to Mildred’s community. There were many effects that David and Ed caused by breaking into the house, and not just on Mildred. David was quick to admit to his responsibility and he decided to participate in the restorative justice process. Ed however refused to admit guilt for his actions and entered in the criminal justice process. These two processes have many differences. Because of these differences David and Ed will have different restitution. There are a lot of benefits to the restorative justice process. Because David chose to go through the restorative justice process it had many benefits for David, Mildred, and the community.
“Restorative justice is an approach to crime and other wrongdoings that focuses on repairing harm and encouraging responsibility and involvement of the parties impacted by the wrong.” This quote comes from a leading restorative justice scholar named Howard Zehr. The process of restorative justice necessitates a shift in responsibility for addressing crime. In a restorative justice process, the citizens who have been affected by a crime must take an active role in addressing that crime. Although law professionals may have secondary roles in facilitating the restorative justice process, it is the citizens who must take up the majority of the responsibility in healing the pains caused by crime. Restorative justice is a very broad subject and has many other topics inside of it. The main goal of the restorative justice system is to focus on the needs of the victims, the offenders, and the community, and focus
Restorative justice is defined as “using humanistic, no punitive strategies to right wrongs and restore social harmony” (Siegel, 2008, p. 189). Instead of imposing harsh penalties on offenders like long prison sentences or even the death penalty, restorative justice calls for a more rehabilitative approach, such as reconciliation and offender assistance.
Restorative practice, which evolved from restorative justice, is a new field of study that has the potential to positively influence human behavior and strengthen civil society around the world. “The fundamental premise of restorative practices is that people are happier, more cooperative and productive, and more likely to make positive changes when those in authority do things with them, rather than to them or for them” (International Institute for Restorative Practices).
Johnstone, G. and Ness, D. (2007) Handbook of Restorative Justice. USA: Willan Publishing. http://www.independent.co.uk/news/uk/crime/the-big-question-what-are-the-alternatives-to-prison-and-do-they-work-419388.html [Accessed 01 January 2014].
As the purpose of restorative justice is to mend the very relationship between the victim, offender, and society, communities that embrace restorative justice foster an awareness on how the act has harmed others. Braithwaite (1989) notes that by rejecting only the criminal act and not the offender, restorative justice allows for a closer empathetic relationship between the offender, victims, and community. By acknowledging the intrinsic worth of the offender and their ability to contribute back to the community, restorative justice shows how all individuals are capable of being useful despite criminal acts previous. This encourages offenders to safely reintegrate into society, as they are encouraged to rejoin and find rapport with the community through their emotions and