The purpose of this paper “Restorative Justice” is to explore an alternative justice system by undertaking an exploration of restorative justice which aims to enhance communication between the offenders, the victims and the community in order to arrive at a more satisfactory resolution…
With increasing incidence of crime in general and in particular among young people1, the past two decades have brought forth harsher legislation2 to deal with the problems of terrorism and deteriorating law and order, which seriously question former Prime Minister John Major’s contention that “we have no need of a Bill of Rights because we have freedom.”3 Anti-Social Behavior orders have been introduced by the crime and Disorder Act of 1998, specifically to deal with law and order problems among the youth and have a minimum period of two years, although they may also be imposed indefinitely to ensure that a repetition of antisocial behavior does not occur4.
Anti Social Behavior Order was created in 1998 and in the short space of six months in 2004, produced a thousand arrests.5 This Order has allowed extended powers for the police department to tackle a wide range of anti-social behavior by unruly teenagers, including the kind of problems this community is faced with – vandalism and shoplifting. But the fact that must be faced is that the criminal justice system does not work, too many people are able to slip out of the net of the system because of the rigid requirements for evidence, delays in processing trials in courts, the difficulty of procuring witnesses to substantiate charges because of the element of fear, so that the end result favors the criminals rather than the law enforcement authorities, so perhaps such draconian measures are justified.6 However, Lord Macintosh of Haringey had spoken out on the provisions concerning public order in the Criminal Justice Act of 1994. ...
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“Restorative Justice Article Example | Topics and Well Written Essays - 2500 Words”, n.d. https://studentshare.net/law/321709-law.
Similarly, there must be testifying witnesses to corroborate the evidence of conviction to make the case watertight and valid (Vance, 2007). Alternatively, it is fundamental to ensure both sides of the case present their accounts so that there is no inconvenience during the verdict.
Temptation plays an effective role to woo the desire of human beings for wrong doings. One such motivation is to reap the benefits at its maximum and the losses at its minimum. This has to develop external environment in terms of incentives. However, restriction / sanction can be used effectively as deterrent in controlling the crimes and anti social behavior of the offenders (Tyler 309).
, 2012). According to Rogers and Robinson (2004), “Since Nils Christie’s classic 1976 article ‘Conflict as Property’, there has been widespread interest in the potential of ‘restorative justice’ programmes – programmes that seek to give victims and the public a larger role in the criminal justice processes by bringing victims, offenders and their associates together” (Rogers and Robinson, 2004: p.26).
Restorative justice is a form of justice that relies on the principle that crime is a primary conflict between individuals that result in injuries of victims (Daniels, 2013). It bases on the idea that the criminal justice system aims to reconcile the parties while repairing the injuries caused by the crime by facilitating the active participation of the victims, offenders, and their communities.
(Umbreit and Greenwood, 1998) According to Marshall (1999) restorative justice is "a problem-solving approach to crime which involves the parties themselves, and the community generally, in an active relationship with statutory agencies" (p.5).
The main ethos in restorative justice focuses on a process which allows participation by the victim of crime, community representatives, the offender and families of the victim and or the offender.
The process focuses greatly on the personal needs of the offender and victim. This paper will analyze the process of restorative justice.
The process of restorative justice as applied in the case of David, Ed, and Mildred encompasses several processes. The process of
The restorative justice system in Canada is an alternative to the criminal justice system, which focuses more on punishing the offender, as opposed to establishing a truce between the victim and the offender2. Under the system of restorative justice,
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