An analysis of the restorative justice

Community members hold the offender s accountable for adherence to the plan. This is thought to prevent recidivism that is, that the offender repeats the undesirable behavior once the offender is released. Indeed, as Zehr point out that truth telling is beneficial to the stakeholders and brings understanding with regards to an offence Zehr, It is argued that ignoring criminal customary laws amounts to a negation of some of the traditional dispute mechanisms in Kenya.

RESTORATIVE JUSTICE: A CRITICAL ANALYSIS

The traditional counsellor stated and showed the pros and cons of the case. The Gacaca processes are believed to have succeeded in disposing off close to two million cases in Rwanda.

Restorative justice

Second, the victim, the offender, and the community are all participants and there are no prison sentences, thereby saving governments the millions spent annually for running their prison systems. Canada judges some sex offenders too dangerous for any form of conditional release, "detaining" them until they serve their entire sentence.

Uganda The Ugandan criminal justice system was inherited from its colonial master, Britain.

However, there are both theoretical and practical limitations, which can make restorative justice unfeasible in a prison environment. Thus, reconciliation is at the centre of the restorative justice model and cannot happen before the offender, victim An analysis of the restorative justice members of the community hear them out and establish the truth.

Crucially, the official language of the court is also the language of the former colonial power and often there has to be interpreters for those who cannot speak or understand the official language of the court. The only principled basis for selectively allowing, or banning, RJ is harm reduction.

There are many different names and procedures of operation for these community-based meetings. Prison abolition[ edit ] Prison abolition not only calls for the eradication of cages, but also new perspectives and methodologies for conceptualizing crime, an aim that is shared by restorative justice.

In most cases especially with more serious offenses and with adult offenders it is significantly more effective than the traditional justice system at lowering recidivism rates. Restorative justice is also different from the adversarial legal process or that of civil litigation. Daly opines that RJ cannot replace the conventional system because it lacks the fact finding mechanism that is ignored in most cases but should not be in essence Daly, Solomon and Nwankwoala assert that the Nigerian criminal justice system faces challenges, such as corruption, complexity, and delays, resulting in denial of justice to some community members, and especially the poor.

A plan is made for prevention of future occurrences, and for the offender to address the damage to the injured parties. Fiji utilises this form of mediation when dealing with cases of child sexual assault.

Restorative justice

The community members, Crawford and Clear argue, are the main stakeholders in the criminal justice system and should be a key partner in the fight against crime Clear, In the context of the thousands, if not millions, of suspects involved in the genocide and the limited capacity of the criminal justice system it had inherited from its colonial master, Rwanda adopted the traditional mechanisms of justice, the Gacaca, for the task at hand.

In some African countries, such as Burundi, for example, the traditional justice systems or methods of handling conflict have worked pretty well and he cites the example of the Ubushingantahe that he believes has to a large extent succeeded in resolving conflicts in Burundi.

Ngungi wa Thiongo argues that traditional oral arts and symbols are indigenous sources of law and thus offer powerful mechanisms that undermine the presumed superiority of colonial and post-colonial law and order. A meta-analysis by Bonta et al.

The rationale for confidentiality is that it promotes open and honest communication. Thus, whenever a conflict occurred either between family members or between families of a clan, the community concerned called for a meeting to reconcile the parties. Nevertheless, the Prisons Act provides that the Minister for justice may establish corrective schools for youth offenders "The Prisons Act," Five of the countries, South Africa, Kenya, Uganda, Nigeria, and Ghana were former British colonies and protectorate, while the sixth country, Rwanda, was a Belgian colony.Victim-Offender Family Group Conferences is one method/process used within restorative justice, where conferences are organised by the Restorative Justice.

Restorative justice is an approach to justice in which the response to a crime is to organize a mediation between the victim and the offender, and sometimes with representatives of a wider community as well.

The goal is to negotiate for a resolution to the satisfaction of all participants. This may include a restitution to be given from the offender to the victim, or to take steps to prevent.

A Comparative Analysis of Restorative Justice Practices in Africa

1. Introduction. Restorative justice, as practiced in many African communities, is a conflict resolution paradigm that brings together the victims, offenders, and community members to address and resolve a crime or a dispute.

1 Introduction Restorative justice is an approach to wrongdoing that seeks to involve victims, offenders and communities in problem-solving process aimed at repairing harm (Zehr, ).

Critique of Restorative Justice justice; 2. An analysis of the new youth justice as a largely restorative system of justice; 3.

Restorative justice: a critical analysis

The development of a community group concept applicable to adults; and 4. A consideration of right relationships as lying at the center of justice. an economic analysis of restorative justice 6 then argue for the reclamation of restorative practice from a history of takeover by white colonial powers that instituted traditional, retributive criminal .

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An analysis of the restorative justice
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