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...
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.
Variations of the area court model, such as teen courts, medicine courts, and household physical violence courts, focus on specific concerns in order to establish even more extensive options. The underlying presumption of neighborhood courts is that neighborhoods are deeply damaged by the sentencing procedure yet are seldom spoken with and associated with judicial results. Correcting Community justice has actually been slowest to show up in the correctional industry. Maybe this
Restorative justice is a forward-looking, preventive response that strives to understand crime in its social context (Maiese, 2003). It examines the root causes of violence and crime to break these cycles of crime. This approach is based on the assumption that crime has its origins in social conditions, and recognizes that offenders themselves have often suffered harm. Therefore, offenders can tell their story of why the crime occurred and, just
Ruth-Heffelbauer, D. (2006). Restorative Justice FAQ. Victim Offender Mediation Association. Online at http://www.voma.org/rjfaq.shtml The source composed for the Victim Offender Mediation Association is a fact sheet and statement of purpose for the organization, detailing its efforts to bring about a greater acceptance of this methodology in mainstream legal contexts. Based in the United States, VOMA assembles legal experts and criminal justice advocates who view the benefits of restorative justice as tantamount
Instead, Hadley (2001) argues that an understanding of the role of spirituality in restorative justice today can encourage peaceful communities both domestically and internationally. In fact, the spiritual component of restorative justice left lingering from its formation impacts today's attempts to practice restorative justice at the individual, communal, and international levels. In each scenario, components of spirituality remaining from the spiritual roots of restorative justice can help bring healing
Marian told a group of incarcerated rapists that her sister had been gagged before being killed, and so she, Marian, wished to hear their truths. "One of the prisoners who had committed multiple rape said, '...Until you spoke I was just play at victim empathy,' and it clearly helped him to understand what he'd done." And moreover, Marian is planning to write a letter to one of the two
M6D2: Restorative Justice The criminal justice system not only seeks justice to the victims and criminals, but restorative justice. As much as the victim benefits from the process, the criminals too ought to learn something from the entire process. According to Hancock and Sharp, 2004, several strategies have been devised in determining a convenient approach of providing justice to the direct victim, since the state does not pose as the primary