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Essay / Research Paper Abstract
There has been an increasing trend to use restorative justice. This is seen as cost effective and empowering victims. However, this 7 page paper argues there is a danger that by focusing on needs and interests of victims, restorative justice may go too far in the direction of 'privatising' crime. The bibliography cites 10 sources.
Page Count:
7 pages (~225 words per page)
File: TS14_TErestorj.rtf
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Unformatted sample text from the term paper:
victims and the perpetrators to rectify the harm created. The theory is politically correct, the paradigm is based on social values and has proven successful in many instances. Despite
this apparent success, it can be argued there are some inherent risks in this approach. The empowerment of victims may have many benefits, but the risks, such as revenge rather
than restoration motivating the victims, issues of public policy and alienation are all potential negative results of the restorative justice processes, which is effectually privatising the justice system. To argue
this we need to look at the fundamental basis of restorative justice, how it operates and how it may succeed or fail. Restorative
Justice has a systematic approach that emphasises healing of the victims wounds, physical and mental, including damage to property. The idea was
originates in the idea of natural law. In one area is has entered the justice system in response to a situation where the established legal system was not working due
to there lack of respect or recognition in the system. This was in New Zealand and also in Canada where there were increasing problem with native youths. The courts were
dealing with increasing numbers of young offenders, with high level of re-offending taking place, indicating a failing of the traditional system (The Economist, 2003).
This individual had little commitment to the legal system that was in place, but it was noted they may be more likely to take notice and respond to
tribal leaders, their kinfolk and local traditions (The Economist, 2003). Restorative justice has appeared to work here, where the usual processes failed, and following the successes it has spread around
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