Restorative Justice Is an Approach

Restorative Justice is an approach towards providing justice that concentrates on removing harm caused by an action, holding the offender responsible for the personal action, and providing the victims with an opportunity of identifying the crime and criminal, and addressing their needs of the post-crime conditions. The Restorative Justice drafts resolution that encompasses the efforts towards healing, repartition and reintegration, and protects from future harms. This is the core philosophy and value of the Restorative Justice. The values and area of services include promotion and provision of trust, hope, and prevention from harm.

The 10th session of United Nations Congress on the Prevention of Crime and the Treatment of the Offenders was held in Vienna. During the session, discussion on the Item 6 of Offenders and Victims: Accountability and Fairness in the Justice Process was conducted. The panelist viewed that restorative justice was 'bid idea'(Paul Rock) in the judicial world. The panelist agreed that 'offenders and victims was code for restorative justice' (Paul Rock).

RESTORATIVE SYSTEM AND MAINSTREAM JUDICIAL LAWS

Restorative Justice is often viewed as derivative of the mainstream and adversarial system judicial system in Western world. The mainstream judicial clauses view crime as clear violation of the state, and the Restorative Justice considers as serious offence against the victims and communities. In the mainstream judicial system, the victim is not provided with the right to express and state his/her suffering, losses, and needs because of the offence, however the Restorative system victims plays a crucial role in explaining the criminal act, and the manner in which its compensation is wished. The mainstream judicial system is controlled and implemented by the professionals, the restorative judicial system permits the community to play significant part in holding the offenders and culprits responsible, and victims are supported.

Restorative Justice has broad application in the field of justice. The Restorative system can be implemented to prevent the occurrence of the crime at very first instance in various manners, for example this system encompasses certain provisions for resolving the disputes through mediation and negotiation, in these manner worst, criminal situations can be avoided and controlled. The Restorative system can be applied on the youth and adult cases, the system is equally helpful in dealing with less intense crimes, and can be applied on the serious crimes, depending upon the interpersonal dynamics involved in the criminal cases.

RESTORATIVE SYSTEM: FUNDAMENTALS

The Restorative Law views crime as serious offence against humanity, and terms it repugnant to the code of conduct supported by the law. Restorative Judicial System acknowledges that crime is an immoral action, and should be prevented by applying any possible measure. The law guarantees that injustice is recognized, and the grace and restitution of the victim is restored, and the future is clarified so that the victims are provided with feeling of safety, respect and autonomy towards their code of conduct towards society. Restorative Justice foresees adoption of measures that ensures that 'things are going the right way' (Kofi Annan, UN Secretary General). The adoption of defined measures should be such that, the victims are offered compensation towards their physical and social damage; and further evaluating the reasons (probable reasons can be, (addictions, lack of social or employment skills or resources, lack of moral or ethical base, etc.) which caused the occurrence of the crime, so that its repetition is avoided.

The Restorative System categorizes the victims into major and minor victim, and provisions are included to safeguard and promote the interest of both. The System also offers certain provisions for offering teachable moment to the offender, with the objective of providing the offender with thoughts of achieving success in his life by adopting different and acceptable course of worldly action. The crime should be handled and treated at earliest, and efforts should be put in towards treatment of all those factors which generated such an impact, such course of action requires and appreciate voluntary cooperation, and minimum coercion. Such Judicial system also encourages the practice of handling the crimes in cooperative structures, such that the community affect is involved in support and accountability. The community participation includes the participation of primary and secondary victims.

There are certain clauses in the Restorative law that recognizes the need to adopt different and partially tougher course of action if the offender is not found cooperative. 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.