The Pros and Cons of Restorative Justice Model

Restorative justice means a form of justice system which sees crime as an interference with community harmony and relationships and thus should be dealt with in the community through involvement of the victim, community as a whole, and the offender. Restorative justice is a strong model of justice due to its look on crime in the social context and involving those affected and the general public in addressing the social ills leading to crime. Creating space for personal involvement of the concerned parties, that is, the offender and the victim and their families and the general community is strength of the model. This way the model is able to address better the principal goal of helping crime victims by attending to his/her material, financial, emotional and social needs together with those close to him/her affected by the crime as opposed to the formal legal process. It also works to ensure there is no re-offending to the victim by involving the offender in the whole process and making him/her accountable for his deeds. Through this process the victim, offender and the community is united through their healing (Sullivan &Tifft, 2006).

Restorative justice contributes to the rehabilitation of offenders through active involvement of offenders in finding solutions to the conflict through bringing together the offender and the victim in a face-to-face meeting. In these meetings the victim and those affected on his/her side recount what the crime means to them and how they have been affected by it. The offender and those affected on his/her side also helps to put the offenders’ actions into context and explain how it has affected them. This way, the offender is able to see the full impact of his actions and is forced to take responsibility, express remorse and take the punishment meted out to him. Bringing together both parties in a face-to-face meeting, helps in reconciling those affected by a particular offence. These forums advances repair, reconciliation, and encouragement (Marshal, 1999).

Restorative justice provides a better punishment and deterrence of offenders than the formal justice system. The offender is not just aligned in court and sentenced to an imprisonment or fine, rather he/she is forced to sit with the victim, listen and witness the consequences of his/her actions as recounted by the victim and the affected people. He/she also has to acknowledge responsibility for the offense, express his feeling of remorse, pay compensation and apologize to the victim and his/her family and friends. This process is the worst punishment an offender could get for committing a crime but which provides the best outcome for those involved including him/her. Through this process the community is better served than with the formal process as it ensures participation of all affected. The victim is able to participate and therefore feels justice has been done, the offender takes full responsibility and shows remorse therefore not likely not to re-offend and the community is able to positively denounce the criminal behaviors. The process ensures integration of offenders to the society and promotion of harmony (United Nations Office on Drugs and Crime, 2006).

Restorative justice is would work well with all kinds of offenders, including violent and repetitive offenders. With the right skills and resources, this model can be applied to both serious and minor crimes as the processes involved are very effective in criminal corrections. However, the restoration can not be a replacement for the formal legal process rather they should be applied to situations as they are. This process again could work with maximum benefits for all involved and more so the community if applied to juvenile offenders. These are mostly children or youths with troubled lives or pasts who could be helped by the community if they are allowed to talk and express their views and feelings and reintegrated back to the community to be responsible adults (Marshal, 1999).

Reference list

Marshal, T. F. (1999). Restorative justice: An Overview. A Report by the Home Office, Research Development and Statistics Directorate.

Sullivan, D. &Tifft, L. eds. (2006). Handbook of Restorative Justice. New York, Routledge.

United Nations Office on Drugs and Crime (2006). Handbook of Restorative Justice Programs: Criminal Justice Handbook Series. United Nations.

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StudyCorgi. 2022. "The Pros and Cons of Restorative Justice Model." February 26, 2022. https://studycorgi.com/the-pros-and-cons-of-restorative-justice-model/.

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