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Restorative Justice - Research Paper Example

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Restorative Justice Restorative Justice According to Camp and Wemmers (2013), 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…
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Restorative Justice
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Restorative Justice

Download file to see previous pages... Restorative justice according to some scholars is the opposite of retributive justice since they differ in terms of characteristics, values, and outcomes of the legal process (Daly, 2002). Unlike retributive justice, restorative justice encourages offenders to take responsibilities for their wrongdoing and help them address the causes of their behavior and gives them an opportunity to make the rights their wrong. Miller and Iovanni (2013) supports that restorative justice is presented as a forward-looking problem solving approach to crime that involves the parties themselves and the community in active relationship with various agencies that help solve the crime. It brings victims and offenders in contact with each other thus giving victims an opportunity to get answers to questions that are direct concern to the parties in the disputes. Restorative justice process presents the offenders with the opportunity to offer an apology to their victims thus giving offenders chance to make amends for their wrongdoing. Restorative justice applies as a single set of principles that allows victims, offenders, and communities to have participatory roles in matters that are of direct concern to them. ...
According to Miers (2004), the restorative justice system places all at the mercy of the judicial process unlike retributive justice that only places the victim at the mercy of the judicial system. Stubbs (2007) also adds that the potential advantage of utilizing the restorative justice system is that it allows a victim empowerment and input as a means of addressing the harm caused to the victim. In restorative justice models, the victims have a voice and participate fully hence enable him or her to address all the issues surrounding the case (Daly, 2002). The offender may get to participate fully in the process unlike in other trials where he just sits in the dock to answer questions arising from the charges raised against him. The environment in restorative justice also differs with the environment in other forms of justice. The environment is restorative justice is more communicative and flexible than the courtroom environment making both parties feel comfortable during justice delivery system. According to Rodriges (2007), the direct engagement with the harm caused through communication with the victim has a greater potential for resolution and restoration in the dispute. He adds that through a less formal environment, the process allows for more individualized approach to the needs of the victims while offering a less threatening environment that may interfere with the justice delivery process. The restorative model of justice delivery is a very flexible model for the victims can choose to have a direct role in the restoration process. The results is that the process is less victimizing than the courtrooms and the offenders find themselves in the face with the direct ...Download file to see next pagesRead More
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Restorative Justice
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