Restorative Justice: Meaning, Aspects, and Benefits

Restorative Justice
Student Name
Institutional Affiliation
Date
Restorative Justice
Introduction
In many countries, the dissatisfaction with the formal justice system has led to calls for alternative ways of responding to crime and social disorder. A majority of these alternatives allow the parties involved to participate in resolving the issue and addressing the consequences. One of the essential alternatives is that the restorative justice systems have their foundations in the belief that parties in a conflict should be actively involved in addressing the issue and mitigating the negative implications (Wilson, Olaghere & Kimbrell, 2018). In some instances, they are directed towards community building through enhancing local decision-making. Such approaches are essential in improving tolerance and ensuring responsible community practices. In today’s criminal justice system, communities want to take an active role in issues affecting them. No longer are individuals passive in their pursuit of justice. Gone are the days when communities would keep off matters of criminals and justice. Today, the presence of the community is real and active. Restorative justice programs have found application in a variety of settings. Lawyers and other professionals need to understand restorative justice and its application in law.
Meaning of Restorative Justice
Restorative justice implies an approach that provides the offenders, victims and the community an alternative way to attaining justice. For the victims, restorative justice allows them to have a safe way of participating in addressing the issue at hand. Victims often lack a secure mode of plunging into the matter at hand (UNODC, 2020). For instance, victims may fear that the offenders may retaliate and keep off the process. With restorative justice, victims have a safe way of resolving the issue. Regarding the offenders, restorative justice allows those who accept responsibility for the harm of their actions an opportunity to be accountable to the victims. Restorative justice goes beyond the violation of law and acknowledges that criminal behavior harms the victims and community. Traditional justice majors on getting the perpetrators to jail because of their wrong behavior. However, such an approach ignores that criminal behavior continues to harm the victims long after the offenders have been incarcerated. The psychological damage on the victims can be massive, especially when the offender has never offered an apology for the wrongdoing. The victims remain with psychological baggage they have to deal with. Restorative justice goes beyond imprisonment and provides a platform where all parties can meet and talk.
Aspects of Restorative Justice
Restorative justice is vastly evolving around the world. However, the following elements should be considered when delving into the critical aspects that distinguish restorative justice from other alternatives. Firstly, restorative justice focuses on the harm suffered due to criminal behavior. Any criminal behavior has adverse effects on the victims. Restorative justice examines the extent to which the victim has suffered because of the criminal offense (UNODC, 2020). Secondly, restorative justice encompasses voluntary participation by those the criminal behavior affects most. These include the victims who suffer because of wrongful actions. The perpetrators are included because their actions inflict pain on the victims. The supporters of both the victims and the offenders are involved. Members of the community can participate since criminal actions have an effect on society as a whole. Restorative professionals are included to ensure that the discussions adhere to the law.
`Thirdly, restorative justice encompasses dialogue among the affected parties. Trained restorative justice practitioners facilitate such discussion to come to a mutual understanding of whatever happened. The parties discuss in detail the outcome of the criminal behavior. Here, the victims express the adverse effects suffered. The professionals assist the parties in agreeing on what should be done. Moreover, the outcome of restorative justice will depend mainly on what the parties decide (Fronius et al., 2016). Generally, the offender may express remorse because of the criminal activities. Acknowledging responsibility is critical in helping the victims feel that the perpetrator understands their actions were wrong. There could be a commitment to reparative action for the victim. Lastly, restorative justice provides support to the victims to assist them in the recovery process. The same is extended to the offenders to help them desist from similar actions.
Benefits of Restorative Justice
Restorative justice is beneficial to the victims, offenders and the community. For the victims, restorative justice allows them to confront the perpetrators and indicate the harm caused. For instance, a victim of theft with violence may be traumatized by the event. When such individuals confront the offender, they may feel vindicated. This can facilitate their healing process (Wager, 2013). Engaging with a remorseful offender can be critical in addressing the issue for the trauma victims. The victims and their families get an opportunity to understand why the perpetrators offended them. They may discover that some of the wrongdoers were victims ...