Restorative Justice
Are there cases in which restorative justice will not work? Does the theory behind restorative justice presume good faith on the part of all involved? Is that likely?
The theory behind restorative justice relies presumes good faith on the part of all involved. When this isn't the case for either the offender or the victim, restorative justice is not appropriate and will not work (Restorative justice). Offenders who deny responsibility for the crime or who have no remorse are not suitable for restorative justice. Also, an offender who is unable to take responsibility such as a person with a mental health disease is not suitable for restorative justice. If the victim doesn't want to participate, the restorative justice process is likely to fail because the process depends of holding the offender directly accountable to the victim. In addition, offenses without a readily identifiable victim such as truancy or marijuana possession are not suitable for restorative justice.
Is it possible to restore justice if one gets to understand the motivations of the criminal?
Restorative justice believes it is possible to restore justice by understanding the motivations of the criminal. Restorative justice is a forward-looking, preventive response that strives to understand crime in its social context (Maiese, 2003). It examines the root causes of violence and crime to break these cycles of crime.
This approach is based on the assumption that crime has its origins in social conditions, and recognizes that offenders themselves have often suffered harm. Therefore, offenders can tell their story of why the crime occurred and, just like the victims, offenders can relate how the crime has affected their lives. Restorative justice holds that communities must both take some responsibility for remedying those conditions that contribute to crime and also work to promote healing.
Bibliography
Maise, M. (2003, October). The aims of restorative justice. http://www.beyondintractability.org/essay/restorative_justice/
Restorative justice. Wikipedia. http://en.wikipedia.org/wiki/Restorative_justice#Cases_unsuitable_for_restorative_justice
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