Restorative Justice System In A Corrupt Society

Abstract

The restorative justice system is a traditional way of justice. Despite this, most people have realized the system lately. As such, the retroactive justice system is still at an earlier stage of implementation in the modern world. Various research is being conducted, however, to make the operation successful. A study into the restorative justice system aims at establishing multiple factors. These factors include the effects of the order on the victims and offenders. Through this knowledge, the discussion aims at analyzing the current information regarding the restorative justice program.

Introduction

The criminal justice system is one of the broadest aspects of justice. Countries around the world have a set of punitive ways for criminals. Various forms of punishment, such as imprisonment, work in different ways. One of the researches conducted indicated that the United States of America has the greatest number of convicted people in jails. Despite the nation having 5% of the world's population, it is sad to imagine that the same population could also contribute to the highest number of crimes. 25% of prisoners in the world are locked up in the United States. As such, there have been questions over the years regarding if the popular and most used way of a criminal conviction is right.

Numerous law enthusiast has disputed jailing as a way of justice to the victims. Despite jailing being the most used way of a criminal conviction, it does not always leave satisfaction in the victims. There is still a lot of criticism on the punishment that offenders get. An insight into the matter shows that imprisonment does not always serve the purpose intended. First, imprisonment is an affair between the criminal system and the offenders. The victims are never part of the discussion (Strang & Braithwaite, 2017). One they give their testimonies; the justice system handles the rest. This is one of the factors that contribute to low satisfaction in the system. Sometimes the sentences are seen to be too lenient while other times, they are harsh. Therefore, it is important to consider that imprisonment is not always the solution. Multiple accounts have indicated the same.

As such, the solution to the standard justice system is a restorative justice system. The system, despite not being common in developing countries, is one of the most effective. Various nations have their way of devising the system. The restorative justice system has been a solution to a significant part of criminal behaviors. The system works through creating a room for understanding between the victims and offenders. It is essential to note that it is not mandatory (Council, 2016). The parties must be willing to take part in it to be successful. Upon agreement, they meet and talk and get to understand the scope of the crime. For the offenders, they are made to understand the effects of their actions.

The victims also get to understand what motivated the offender to commit the crime. Through this form of dialogue, the parties can come into a consensus. The system ensures that both parties understand each other and, if possible, forgive . There is a general sense of satisfaction in this system. Studies have shown that most criminals involved in the therapeutic justice system transform from the dark past. They become new members of society. The victims, on the other hand, get a chance to recover from the crimes committed against them. As such, they have a chance to heal and get back into their communities. It is not always easy for a victim to get back into society. Imprisonment does not allow room for recovery for both parties.

As such, the state serves justice to the victims and offenders. We get broken individuals despite everything having been done according to the set procedure. Restorative justice works through inclusion, whereby both the offender and the victim play their part in finding the solution. It also gives a chance for encountering whereby the parties can talk about the magnitude of the crime. The offender is also allowed to amend their actions through apologies. Finally, restorative justice allows room for recovery and healing. Both parties can be mentally affected; thus, the system allows them to recover and get back to their respective communities. Restorative justice has a couple of advantages, such as curbing a repeat of crimes by offenders. As a result, there is a general reduction of crimes in society. The restorative justice system gives a sense of satisfaction between both parties. Through creating satisfaction, vices such as a craving for revenge are eliminated. The restorative justice system also plays a role in reducing the costs accrued in the criminal justice system.

High imprisonment rates are costly to the states. There have not been very many researchers into the criminal justice system. As such, this discussion aims at examining some of the existing research regarding restorative justice. Research into the restorative justice system aims at establishing various factors. These factors include the effects of the system on the victims and offenders . Through this knowledge, the discussion aims at analyzing the current information regarding the restorative justice program. Through this analysis, the paper also establishes some of the existing gaps in the program. Previously, the success of the program was weighed through the ability of a criminal not to commit a crime again.

There has been a development in the idea citing that there are other factors at hand to be considered. Such include the overall fairness in the program, the ability of loss recovery, and satisfaction among the victims. In that sense, the discussion digs into some historical developments of restorative justice that have been witnessed over the years. Such include the know-how regarding the program, models that have been applied, and the principles that govern it. The discussion will also focus on the issues that have faced the research on restorative justice. This information will help in identifying the loopholes in the comprehension of restorative justice. The course of the restorative justice system in the future will similarly be addressed.

Literature Review

Restorative justice has been in existence for a very long time now. One thing that remains clear is the fact that most people are not familiar with it. This has been accrued to the fact that that the justice system has not been I application. Compared to its counterpart, such as the conviction and imprisonment, which most people are more accustomed to. A revolution into the justice system has brought into the realization of restorative justice. Many people are keen on understanding how the system works . Some communities have even considered replacing their standard justice system with restorative justice.

The most vital thing to consider is that the world is embracing the confines under which restorative justice works. Despite the program not being as standard, numerous researches from governments and private institutions have been ongoing. The primary purpose is to establish how the system can be applied in the new justice. It is like a building bridges initiative that seeks more understanding. Restorative justice is not new, unlike what many people perceive it to be (Strang & Braithwaite, 2017). We live in a world whereby our thoughts seem to be governed by the institutions in place. As such, we tend to pass over practices from one generation to another in the name of the routine. Unless someone comes up with a way of challenging the existing system or digging deep into its methods of operations, people live lifetimes unaware of existing facts. This has been the case in the justice system.

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Most people are tuned into the traditional justice system, which involves conviction and sentence. This made it easy for restorative justice to be overlooked. Most people, even at this age and time, believe that the criminal system is all about convicting and jailing offenders. For most individuals, this is justice served. In the 20th century, most offenders lived an inhumane life once they were convicted (Strang & Braithwaite, 2017). At the time, prison represented an ideal form of punishment. It was indeed a form of punishment as offenders would go through hell during their sentence. The conditions were very unbecoming. As a result, most people lost their lives while in prison, while others became mentally sick. It is for this reason that in the mid-20th century, movements were formed.

These movements aimed to protest the inhuman treatment of offenders. People of all walks came together to fight for the rights of offenders while at the same time asking for a reduced imprisonment rate. The aim was to help improve the conditions under which prisoners lived. At the time, there had been a belief that poor living conditions pushed criminals into committing more offenses. This came at a time when truth-seeking was the only way of seeking justice. The party that provided more evidence was considered the winner. This would see the use of negotiations and mediation methods being in more application. People were demanding a system that provided an opportunity not only for the offenders but for the victims too. As time progressed by reconciliation programs started setting in in various states (Strang & Braithwaite, 2017). These would see a sequence of similar programs introduced not only in the United States but also in other nations globally. In some communities, the principles of negotiation programs were governed by religion.

An example is the confines of Christianity, which would call for forgiveness among people. These were the roots of the restorative justice system. As such, restorative justice has continuously grown with time. Apart from nations embracing the move, they are also implementing ways of making the justice system better (Wong & Tu, 2018). The modern justice system, as seen in the United States, does not rely on traditional conviction methods like it was before. Today, previous consideration is addressed. A restorative justice system is always an available option for all. All that is required is for the parties involved to agree in participation. The system now acknowledges the importance of restorative justice. A journey that began with protesting has far resulted in a broad application of restorative justice globally.

Research Application Model

The research utilized various principles used in the criminal justice research model. The categories include the victims and offenders form meditation and conferences. The restorative justice system is a way of uniting the victims of the offense and the offenders. Members of the community are often invited as representatives. This conference aims to establish a way that can help in reducing the weight of the crime. Members of the community are pure representatives. As such, they do not have an active role in the course of the mediation. The subject of discussion is the crime. The debate also involves the motivation behind the crime. Finally, its effects, and a means of restoration in the form of forgiveness. In the justice system, there are significant sections that are considered as strategic points for restorative justice (Strang & Braithwaite, 2017). This includes the police, pre-conviction period, court hearing, and the rectification process. The therapeutic justice system is robust in that it can be applied at any stage. As such, the restorative justice system is not used as an alternative for justice rather than an option. In weighty matter, it is often referred at a later part of the process.

Research Findings

The research established that there had been an increased rate at which restorative justice has been applied across major states globally. As much as restorative justice has been in application, most essential principles have not been put into practice. This is due to the lack of a clear course of action and assessment applied in restorative justice. It is also essential to consider that restorative justice is still in the newborn stage. As such, numerous questions are yet to be answered. People who have previously gone through the therapeutic justice program expressed satisfaction in the system. There was a general belief in the fairness of the system. Offenders also show confidence in the program. The research established that offenders felt more comfortable in systems that were lenient with them. Finally, the study identified that numerous participants in restorative justice expressed a high level of negotiating skills and favorable agreements. This played a role in a successful justice transition.

Research Issues

The modern justice system has experienced a significant change. As such, carrying out research plays a critical role in the success of a new order. As such, this was the course of the study. One of the essential definitions of a successful program is through the way it can offer protection to the public. A justice system that puts the lives of the people in danger is doomed to fail. The needs of the program are also put in to test. This is seen through the requirements of the victims of crimes. Their satisfaction with how the case is solved determines the program's success (Daly, 2016). The community is also paramount and should be put into consideration. As such, the effects that come along with restorative justice are robust. The introduction of restorative justice comes with a bundle of impact. These effects occur in the form of cost-cutting in as much as it is not clear on the actual cost. The roles of the people responsible for the justice system have not been revised as well.

As such, operators such as police lack the necessary tools to incorporate restorative justice system. It is also safe to consider that there will be a lack of statistics regarding crimes committed. The standard way of collecting crime data is through courts. Restorative justice aims at solving crimes outside the courts. As such, it is hard to keep tabs of offenders.

Existing Gaps in Restorative Justice

The application of the restorative justice system has been on the rise. There have been multiple programs aimed at the subject, as well. Despite these researches being in place, there are still numerous gaps that exist as far as the investigation is concerned. There has been no standard way of evaluating the effectiveness of restorative justice. Various measures have been used in assessing the effects of each restorative justice in every society. This shows a lack of consistency, which is also a significant gap in the research. Lack of evaluation of the program has led to further questions into the study. The effectiveness of the restorative justice system has also not been set.

As such, there is an overreliance in the traditional beliefs which were based on the criminal's ability to refrain from crime (Council, 2016). Therefore, lack of a clear way of evaluation creates the gap in the research. The gaps in the study can also be seen in communities. There have been no available records into the effects of therapeutic data in cities. As such, there are numerous unanswered questions on the impact of the program on people. Another gap seen in the research is the weight of the crimes committed in relation outcome of the restorative justice process. The personal relationship between the involved parties may come into effect while determining the course of justice. More questions continue to increase the gaps, such as the professional capabilities of the mediators and the levels at which victims are satisfied with the results. As such, multiple variables affect the outcome of the mediation process.

This makes the process unstandardized. While it may be possible to vary the cost, benefits accrued fewer imprisonment levels, there are numerous unanswered questions as well. The restorative system is used in the course of the current justice system and not as an alternative. As such, one cannot independently vary the benefits that come along with it (Daly, 2016). Victims end up satisfied with the process; however, if asked to gauge the monetary value of the satisfaction, it is impossible. The criminal justice system is also not equipped with the right tools for restorative justice. The ancient training is being applied in modern justice methods, which creates a significant gap. Finally, there need for more information regarding how the therapeutic program is benefiting communities. Without this data, there will always be questions regarding the benefits of the program.

Conclusion

In short, the world continues to experience a significant change in the justice system. Application of modern strategies such as mediation among the victims and offenders, diversion, and other alternative measures is making a significant change. As such, the entire justice system is positively impacted by the restorative justice system. There is a predetermined sequence of change that is taking place. The essential thing to account from this change is that it is positive. Development of the justice system that will adequately serve the future generation relies on how well it can apply the existing changes. It is, therefore, essential to put into consideration the kind of movement taking place in the justice system. In the past, most people argued that the use of the traditional form of justice, such as imprisonment, was more effective compared to the current system. The conclusions are, however, pointless as they are based on mare conclusions. Carrying long term research into the restorative justice system aids people in better understanding. As such, the comprehension of the effects of the restorative justice system and its significance over the traditional system lies under critical research. Restorative justice system is the way to go. Despite there being contrary arguments, there have been multiple sources proofing otherwise. It will, however, take a deep understanding and know-how to embrace restorative justice system.

References

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7. Zehr, H. (2015). The little book of restorative justice: Revised and updated. Simon and Schuster.