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However the law demands that the course of action should be experimented, and evaluated on the grounds that if they are reasonable, restorative, and respectful. The offenders should comply by the standards of safety, values, ethics, responsibility, accountability and civility. The offenders should be exposed to the same nature of crime experienced by the victims, and should be provided with the chance of learning empathy. Such an offender should be provided with opportunities to be productive member of society. The participation of the offender into social and community affairs should be well received and acknowledged. The offender should be equipped with the values and fundamentals required to be productive member of the society.
There are certain provisions in the law to implement follow-up and accountability structures, with the coordination of community. The law supports the notion of keeping agreement and parity with the community for creating trusting community. The role of community institutions i.e. religious communities are highlighted for establishing and supporting and promoting the teachings concentrating on moral and ethical standards, required for evolving a concept of ideal community.
RESTORATIVE SYSTEM: SERVING SOCIETY BETTER
The Restorative Judicial System is equipped with all the required provisions needed for creating and supporting society having strong and firm moral, ethical, and social standing. The previous judicial systems have always ignored and discouraged the involvement of the community towards addressing and resolving the criminal issues. If the crime originates and affects a society, why not provide the society with the right to determine and exercise its authority for resolving the disputes. The Restorative System is centered on this objective, acknowledging the participation of the society towards proposing effective, acceptable resolution.
The previous judicial systems have failed to address issues in convincing the manner, the practice of penalizing an offender is not the way to reduce or suppress the evil, and it will only delay the further propagation of the evil perhaps after the sentence of imprisonment is over. However the Restorative Judicial Law acknowledges the fact that evil can never be eliminated by force, rather a proper course of action is required to suppress the evil. The law incorporates such effective measures which support and highlights the need for making the offender realize his actual responsibility, and this can be achieved by imparting the offender with social, ethical and moral values. In this respect, the Restorative Law supports and encourages the active involvement of the community, requires the communal assistance towards making the offender realize and improve his personality and character as productive citizen of the society.
The Restorative Law also encompasses certain provisions emphasizing on the need of the victim. The victims are provided with certain opportunities for their mental detachment with the crime. The victims are provided with an ample opportunity of healing their wounds and sufferings. The role of community is again highlighted, which is encouraged to provide suitable environment for the victims to overcome their suffering, and restart their social obligations in improved and modified manner.
The Restorative Law is mainly an acknowledgment of the fact, can communities and societies under their limited capacity can exercise their autonomy for removing and suppressing the evil in the society. The law discusses and stresses upon the need for evolving a strategy which can subdue the occurrence of the crimes, the crimes are properly evaluated and the reasons for their occurrences are researched, and certain provisions are involved emphasizing on the implementation of the researched measures to reduce and eliminate the repeated occurrences of the crimes.
The Restorative Law is win-win situation for the offender and the victim. Both the sides are treated in fair and justified manner. The victim is offered with all possible incentives for normalizing the life affairs. The offender is subject to psychological therapy for making the mindset of the offender not to go against the norms of the society, in this regard the society has been requested to be sacrificial and assimilate the return of the offender back to his society, and support the offender without any hesitation or reluctance.
Lode Walgrave., Restorative Justice and the Law.
Gerry Johnstone., Restorative Justice: Ideas, Value, Debates.
Michael L. Hadley.,The Spiritual Roots of Restorative Justice.
Lode Walgrave., Repositioning Restorative Justice: Restorative Justice Criminal Justice and Social Context.[continue]
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