Nobody downloaded yet

Introduction Of Restorative Justice In The Superior Courts - Essay Example

Comments (0) Cite this document
Summary
The writer of the paper "Introduction Of Restorative Justice In The Superior Courts" discusses the concept and processes of Restorative Justice involved establishing the admissibility of various cases and the legal basis as to why it should be introduced…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.6% of users find it useful
Introduction Of Restorative Justice In The Superior Courts
Read TextPreview

Extract of sample "Introduction Of Restorative Justice In The Superior Courts"

Download file to see previous pages The current paradigm of the justice system is under immense pressure to showcase its effectiveness as it has been plagued by dilemmas and controversies that could derail public trust, a critical prerequisite for justice systems. A new philosophy/approach to justice issues is being muted as a solution based on a perspective that views crime as a symptom hence seeks to address the underlying causes in a more participative and inclusive direction in regards to all relevant stakeholders. This philosophy termed restorative Justice (RJ) recognizes that crime is injurious to individuals and communities and seeks to involve these two parties in the repair of this injury. The increasing importance of RJ is the justification for this study to inform the Attorney General on the philosophy and practicability in the judicial system. The concept and processes involved will be discussed, followed by establishing the admissibility of various cases to it and finally the legal basis as to why it should be introduced. The Concept of Restorative Justice Restorative Justice has been described as a concept that offers both a philosophy for conflict resolution and a model for criminal justice and can be termed to be a model for resolution of conflict and repairing of harm. The basic tenets of RJ are based on criminology and victimology wherein respective fashion those responsible for harm are encouraged to acknowledge the impact of their actions and are given an opportunity to make amends for their actions while the victims are given the opportunity to have their harm or loss acknowledged beside amends being made. In essence, RJ has the ultimate goal of restoring the well-being of all the parties involved i.e. the victims, offenders and the community with an aim to reduce the impacts of crime and prevent similar occurrences in future (Strang, 2001). Barton (2003) is of the view that RJ is more of an empowerment model of justice where circumscribed/bounded empowerment is availed through restorative processes that are consistent with shared societal norms and standards and the law itself. For a restorative justice definition to be operational it should consist of three elements. To begin with, crime is a conflict between individuals that result to injuries to the victims, offenders, and the community at large hence it is a primary violation to these parties and only a secondary violation to the state. The second idea that informs criminal justice is that the essential aim of the justice system in any nation should be to repair the damage caused by crime and bring peace to the community through reconciling all parties involved. The previous two elements are philosophical in nature while the third one is based on how RJ should be undertaken. It should involve the participation of the victims, offenders and the community actively and not victimise any individual but to find solutions to the initial conflict that brought the crime. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Introduction Of Restorative Justice In The Superior Courts Essay”, n.d.)
Retrieved de https://studentshare.org/law/1391761-criminology
(Introduction Of Restorative Justice In The Superior Courts Essay)
https://studentshare.org/law/1391761-criminology.
“Introduction Of Restorative Justice In The Superior Courts Essay”, n.d. https://studentshare.org/law/1391761-criminology.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Introduction Of Restorative Justice In The Superior Courts

Restorative Justice

...courts where the law is the same. Another technicality is the acrimony of victims against offenders and vice versa that is not common in restorative justice. Instead, there are family group conferences, victim mediation processes and teen courts that achieve a level of neutrality without any compromise. Furthermore, the legal process is cheaper and requires legal expertise to maneuver than the normal system According to Vance (2007), restitution entails the laws of gains-based upturn and is in contrast with the law of compensation. The law of compensation entails the law of low-based revival and is the opposite of restitution. Vance argues that restitution is a legal...
10 Pages(2500 words)Dissertation

Restorative Justice

...their culture and destroyed their cultural heritage. This has extended anxiety related behavior amongst Aboriginal Australians. Cultural trauma kept intact by the successive generations. The cultural recovery is the only possible solution to address negative experiences of Aboriginal Australians (Halloran 5). The modus operandi of Australian Courts for dispute resolution rely on the methodology of peace and sentence so as to ensure active participation of community, elders, victims, offenders and their families to find out solutions of the problems that enables to restore harmony besides healing the wounds of the victims. However, the benefits of restorative justice are...
4 Pages(1000 words)Essay

Does Restorative Justice Prevent Crime

...sense, restorative justice has been effective in preventing crimes in different socially and culturally as well as economically developed countries. Finally it is difficult to arrive at a conclusive answer to the question addressed in the paper but one can safely say that at least for some cases restorative justice can be more effective than any other means of rendering justice. References 1. Braithwaite, J. (2008), Linking Crime Prevention to Restorative Justice, International Journal for Restorative Justice, available at: http://www.iirp.edu/article_detail.php?article_id=NDU1 (accessed...
8 Pages(2000 words)Essay

Restorative Justice

...? Restorative Justice Restorative Justice According to Camp and Wemmers , restorative justice is a procedure where the parties within the conflict in a precise crime jointly resolve how to compact with the outcome of the crime and its upcoming implications for both parties. Restorative justice is a form of justice that relies on the principle that crime is a primary conflict between individuals that result in injuries of victims (Daniels, 2013). It bases on the idea that the criminal justice system aims to reconcile the parties while repairing the injuries caused by the crime by facilitating the active participation of the victims, offenders, and their communities. Restorative justice according to some scholars is the opposite... of...
4 Pages(1000 words)Research Paper

Restorative Justice and Young Offenders

..., and performance of community service by the offending youth. Some potential advantages of restorative justice conferencing have been identified by McGarrell (2001). Restorative justice conferencing are designed to deal with practical and important issues like the emotional needs of the victim, the loss that she or he may have incurred as a result of the offense, and the holding of the offending youth accountable for their actions or misbehaviour. These benefits of restorative justice have been held to be more effective in dealing with youth offending than the conventional juvenile court system does. One of the notable...
7 Pages(1750 words)Essay

Restorative Justice

...Restorative Justice Introduction: The situation that this community is faced with today is the growing incidence of criminal activity that is being perpetrated by the youth aged between 16-25. However, our justice system does not appear to be adequately addressing this problem, since the incidence of crime is growing and the victims are dissatisfied with the extent of relief they are receiving, since it does not provide adequate remedy for the harm that they have suffered. Therefore, the purpose of this presentation is to explore an alternative justice system by undertaking an exploration of restorative justice which aims...
10 Pages(2500 words)Article

Restorative Justice

...Running head: RESTORATIVE JUSTICE Restorative Justice number and The main aim of this project is to observe restorative justice and explain its benefits to the Community and to the Offender. First of all it is necessary to mention that restorative justice is a specific kind of approach to justice that helps to focus attention on the main needs of both victims and offenders, taking into account interests of the community. Victims are fully involved into the process of restorative justice, while offenders are embolden to be responsible for their illegal...
1 Pages(250 words)Literature review

Restorative Justice Process

...and agreed on (restorativejustice.org, 2012). At this stage, members of the community are involved in discussing the effects that the crime has on their lives and what can be done to avoid future occurrences of similar crimes. In the event that the offender denies responsibility, they are subjected to an adversarial court trial with the option of recalling the cooperative process that follows if they confess to the crime that they are accused of committing. Alternatively, when one is found guilty of an offence by the adversarial court, they are given a sentence which in part includes paying restitution. References Morris, A. & Maxwell, G. (2001). "Restorative conferencing", in...
1 Pages(250 words)Essay

Retributive justice differ from restorative justice

...to the introduction of residential schools. The schools took the Indian children and put them in the schools. Any one that tried to portray any aspect of the Indian culture was severely punished. Restorative justice will be helpful to the Aborigines. This is because, through the process of reparative justice the Canadian government will apologize for the harm they caused to the Aborigines (“Restorative Justice Practice”). The other important aspect of restoration justice is that Aborigines will reconnect and relate will their past culture and traditions through storytelling. The fundamental questions in...
6 Pages(1500 words)Essay

Restorative justice canada

...Restorative justice Canada The principle of restorative justice in Canada focuses on the needs of the offenders and those of the victims. This is achieved through the establishment of a reparation system that seeks to establish reconciliation and healing; instead of purely satisfying the legal needs of the criminal justice system1. The restorative justice system in Canada is an alternative to the criminal justice system, which focuses more on punishing the offender, as opposed to establishing a truce between the victim and the offender2. Under the system of restorative...
2 Pages(500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Introduction Of Restorative Justice In The Superior Courts for FREE!

Contact Us