Restorative Justice, Research Paper Example

Restorative justice has commonly been regarded as a good alternative to the traditional process of charging suspects in the criminal cases. It offers a good opportunity to the victim in taking an active role in decision making for the fate of the defendant. Restorative justice is closely linked to some of the biblical truths that are associated with healing, redemption as well as reconciliation. It therefore can be regarded as a suitable option to the traditional processes of charging an accused person. In most cases, the conventional judicial procedure entails the judge delivering a retributive judgment that may entail a punishment in form of probation, a fine or a jail term to the offender. In restorative justice however, the trial judge takes the option of refereeing the case to a panel of Restorative justice people that offer an environment for the victim, the accused person, a trained facilitator and their representatives to meet and discuss the offense and the harm it caused to the victim (Ellwanger, 2004).

In case the retributive justice were to apply in such a situation, the victim and the accused could not get a chance to talk but the lawyer or the defense lawyer who could argue out the case with the state attorney in the determination of technical gravity associated with the crime and the most suitable form of punishment that can be executed on determination of the case. This process does not offer an opportunity for healing and reconciliation (Ellwanger, 2004). The retributive justice processes are characterized by meting harsher punishment as well as long sentencing in the court which can never lead to healing and restoration of wholeness. The basic intention of retributive justice is to punish the offender (Ellwanger, 2004).

The physical interaction between the victim and the offender, in the presence of a facilitator and their representatives can be fruitful to the entire community in terms of healing and restoration of the broken relationships as well as integrity. Restorative justice therefore intends to surpass the limits of punishment against a law that has been broken and go deeper in to the process of restoration for the purpose of healing the wounds that are commonly associated with a crime against an individual as well as the entire community. The first time offenders are likely to benefit more from restorative justice as they can avoid being incarcerated in places that criminality is nurtured and promoted by the professional criminals (Ellwanger, 2004).

The victim of a crime and family members are not the only ones who are hurt by the criminal activity. The offender may also suffer some consequences as a result of the crime. The integrity and the self-worth of the crime perpetrator are equally damaged after they have committed the crime and their life is never the same again. They usually shatter their personal integrity and also damage the trust of their victims as well as the entire community which is an integral requirement for a health daily living. The offenders therefore require an opportunity for healing just like the victim. The use of restorative justice is therefore a suitable process just like the traditional approach as it gives room for the perpetrator to meet the victim and restore the broken relationship that is paramount for healthy living in the future. Being incarcerated will only lead to more harm to the offender.

Reference

Ellwanger,  J.W., (2004). Restorative Justice vs. Retributive Justice, available at http://www.elca.org/JLE/Articles/778