Restorative Justice

Section 718 of the Criminal Code of Canada outlines the six purposes of sentencing. The following six purposes under s. 718 are “1. to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct; 2. to deter the offender and other persons from committing offences; 3. To separate offenders from society, where necessary; 4. To assist in rehabilitating offenders; 5. to provide reparations for harm done to victims or to the community; 6. To promote a sense of responsibility” (Criminal Code, 1985). This is not the first time Mr. Custaldi has come in contact with the criminal justice system nor is this his first time being convicted of assault. Mr. Custaldi was on probation when he had committed his
Restorative justice is a mediation amongst the victim, offender and the community, the objective of the mediation consists of reparation, reconciliation and rehabilitate the offender. This essay will also compare and contrast a number of restorative justice initiatives and retributive approaches to determine which is more effective. When a crime is committed, it does not affect only the victim and the offender, it affects the family, friends and loved ones of the offenders, along with the rest of the community. Restorative justice is a mediation amongst the victim, offender and the community achieving reparation, reconciliation and rehabilitation of the offender. The first initiative is Sentencing Circles, the objective is taking accountability, rehabilitation and reintegration into the community. The victim, offender, the family, friends, and loved ones of the victim and offender come together and speak about the incident to come to an understanding. After this has been successfully achieved, the judge will receive recommendations to what the sentence should entail such as “treatment, rehabilitation, reintegration back into the community” (Wilson, R.J.& Huculak, B., et al., 2002). According to Wilson, R.J.& Huckulak, B., et al. (2002),
But retributive approach based programs have a variety of factors to choose and implement from, and not all factors are effective. The restorative justice approaches have consistency in the outcomes. Restorative justice approaches are useful in helping understand why the offender’s actions were wrong and how it affects the victim, both the victim’s and offender’s family, friends, and the community. Whereas, retributive approaches is basically a slap on the wrist every time the offender portrays undesirable actions, referring to being sanctioned and punished. The offender does not receive the opportunity of knowing why they are punished. Although the cognitive behavioral method shows offenders how to think, it is not mentioned whether the offenders would truly understand the rationale behind why certain actions are undesirable. Mr. Custaldi’s recidivism is possibly a result of not comprehending the effects of the injustice that has been done by committing the criminal