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Restorative and Restitutive Systems of Justice

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Restorative and Restitutive Systems of Justice
T.B.T JOHN
200903179
SOC127: INTRODUCTION TO PENOLOGY TERM PAPER

CAN RESTORATIVE JUSTICE REPLACE THE EXISTING SYSTEMS OF JUSTICE?

What is Restorative Justice ?
Restorative justice is a way of thinking about crime and conflict. It is not a particular practice or type of program, but rather a philosophy, or a set of principles. The United Nations Working Group on Restorative Justice defines it in the following way: a process whereby parties with a stake in a particular offence resolve collectively how to deal with the aftermath of the offence and its implications for the future
Restorative justice processes worldwide are premised on the following principles: * holding the offender accountable in a more meaningful way * repairing the harm caused by the offence * achieving a sense of healing for the victim and the community * reintegrating the offender back into the community
Crime is viewed as a violation of the victim and the community, not a violation of the state. As a result, the offender becomes accountable to the victim and the community, not the state.
Restorative justice defines accountability for offenders in terms of taking responsibility for actions, and taking action to repair the harm caused to the victim and community.
Restorative justice provides for active participation by the victim, the offender and the community in the process of repairing the fabric of community peace.
As the Twin Cities Star Tribune noted in a July, 1993, editorial, "This vision of justice...(is) about making things right instead of lamenting what's wrong, cultivating strength rather than perpetuating failure."
Community corrections, which has been a primary component of corrections in Minnesota for many years, encompasses many of the restorative justice principles. Victim services, restitution, community service, face-to-face meetings between victims and offenders and their support systems, victim impact panels, and skill-building classes for



References: 42 Marshall, Tony. 1990. Results From British Experiments in Restorative Justice in Criminal Justice, Restitution and Reconciliation, edited by B. Galaway and J. Hudson. New York: Willow Schiff, Mara F. 1998. Restorative Justice Interventions for Juvenile Offenders: A Research Agenda for the Next Decade. Western Criminology Review 1(1). Located on the internet at http:llwcr.sonoma.edu/vlnl/schiff.html, at p. 9 1998. Restorative Justice: A Program for Nova Scotia, published by the Nova Scotia Department of Justice through Communications Nova Scotia, at page 20.

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