Restorative Justice - Dissertation Example

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Restorative Justice Name: Instruction: Task: Date: Restorative Justice In every society, there is an urgent need to punish crime in order to maintain fairness and equality. This is mostly imperative, if the dispensation of justice is through a legal process…
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Download file to see previous pages This means there must be a deep respect for both the plaintiff and defendant to encourage a sense of testimony without compromise. It is also important to consider the cost and efficiency of the selected legal system in different contexts. For instance, the individual should ascertain whether the process satisfies the victim and the offender. Alternatively, the person should also find out if the system reduces crime or recidivism in the community. In other words, are the set goals and objectives set for a legal framework met? And if there are attained within a given time frame, then what is the way forward? That is why there is restorative justice and its many processes. This mechanism is preferable because it encourages a lot of neutrality between the warring parties. It also sets high standards of communal justice when dispensed with fairness and equality (Seligram, 2000). The justice system also has varied options of handling cases unlike the natural 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 response that has obligations in the payment of compensation to real world events. Therefore, the author attests that if there is a court order for restitution, it means the surrenders his gains to the claimant. Alternatively, restitution may also mean the receivership by the claimant for his /her loss from the defendant following court orders. On that account, there is a restoration of the conferred benefits in the context of non-breaching party who is the plaintiff. This suggests that the plaintiff has the benefit of receiving the value of what is conferred in the contract to the defendant. However, there are two boundaries to the recovery such as the total contravention of the contracted when it is required and the capped damages. In the same view, Vance mentions restitutions for wrongs such as a common law tort, a statutory tort, an equitable wrong and a breach of contract. There are also the criminal offenses in the category of restitutions of wrongs that should reverse unfair enrichment. On the other hand, in Emmer’s ideologies (2002), community service is an activity conducted by a person or a group for the advantage of society or its various institutions. In other words, community service is also donated service because an individual renders his/her services to an entity. Therefore, because such persons always act out of free will, it suggests the presence of an authority in the activity. For instance, according to the author, it may be the government because it is a citizenship requirement or as part of the military service. Additionally, the community service may arise from the courts because of sanctions emanating from criminal justice such as a punishment for a conviction. Furthermore, community service sometimes is instituted by the school to attain the conditions of a class that in this case may be service learning or graduation requirements. ...Download file to see next pagesRead More
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