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Restoration as an approach for punishment

There may be different opinions regarding on the action to be taken against our criminal

offenders. In the United States, there are numerous philosophies of punishment in the criminal

justice system, such as restoration and retribution, incapacitation, rehabilitation, and deterrence/

prevention. Restoration may be the philosophy of punishment that requires advocacy in U.S.

criminal justice system, and considering that each philosophy has its disadvantages and

advantages, restoration focuses on crime as an act against the community or individual rather

than against the state.

Restorative justice may be defined as a process where all parties that are involved in the

meticilous offence, have to deal with a problem, its consequences and its future implications.

There is a dialog between the victim and the offender such that the victim takes a role that may

be central to the process and the offender takes responsibility for their actions. In many

instances, there may be reparation indirectly or directly and receiving an apology from the

offender. Thus, there may be an opportunity for the criminal offender to have the chance of

correct their mistakes (Johnstone). Theoretically, this justice system perceives crime as a rights

violation and tries to correct these wrongs. In restoration, the emphasis may be to tackle the

perpetrators’ capabilities and needs and repair harm made to victims whilst showing
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repercussions and disapproval. Victim/offender mediation is a program involved in restorative

justice system where discussions take place, sentencing groups and having restoration.

Restoration focuses on a model of the victim, offender and society. The fact that restorative

justice provides a chance to victims, to converse, and express their feelings and thoughts about

what happened makes it the best approach for punishment. This allows victims to feel supported

due to being listened to. Most victims have to deal with occurrences by feigning and ignoring

indifference, which might be unhealthy. The decision for the next step may be based on the

victims talking hence talking might assist the victim. Some victims even feel better following

consideration of the offender’s version and subsequent apology that go a long way in restoring

and healing a wronged situation act (Strang).

Restorative justice may not at all times be the path that is best to follow especially for

murder victims’ relatives. The offenders may have the advice of pleading “not guilty” as the best

option legally. Using this system diminishes victims possible damage by the denial of the

offender and in restorative justice system procedures, the perpetrators may be more apt in

accepting responsibility and admitting their wrongdoings. This justice system helps in

acknowledgement of the victim’s rights by offenders hence reinstating the status of the victim.

The victim’s relatives may discuss their repercussions and feelings of the crime, and in court, the

lawyers speak for victims and offenders. Repercussions may be communicated through a victim

impact statement which is written and submitted by the prosecutor. Looking at the retribution

approach, the offences may be regarded as shutting out, disempowering and neglecting victims

which leaves them furthers distressed and may be against the state (Walgrave). The restorative

Justice System programs also entail consultations, restoration and sentencing groups, hence,

attempts to have the victim’s status restored as it was before the offence happened. This may be
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done mainly through meetings that may be comfortable to the victim. In sentencing circles or

groups, members of the community in event discussions and prevention measures to prevent

incidents that may be similar. There is a vital role played by the community especially when

there may be reinstatement of offenders by the community. It may be of paramount interest for

everyone to monitor the behavior of the offender, but, this may be said to decrease the

community values or become they may become nonexistent. Moreover, most communities may

be racist, patriarchal or biased. Notwithstanding, the involvement of the communities may help

in community ties reinforcement and decision-making that may lead to communities that may be

close knit. Assistance and support to victims may also be offered by members (Johnstone).

Conferencing and consultations engages offenders, victims and other interested third parties such

as social workers, police and family. The presence of the family of the victim offers support to

the victims while the presence of the offender’s family’s presence makes them become sentient

of problems they face and their own responsibilities. Moreover, they might also support and

monitor the offender themselves, hence, preventing further anti social behavior and offences

(Wright).

In conclusion, this paper has shown that victims may be satisfied when there is

communication that is constructive with the offender. Restoration compared to retribution aims

at restoring the confidence of the victims making them feel self-worthy, self- assured, have a

sense of control and have self-esteem. Restoration may be a more effective tool in tackling

behavior s that are criminal rather than retribution. It might be “worth-it” to consider merging

practices of restoration to current processes of the court, hence, making the effectiveness of the

system adequate.
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Works cited

Johnstone, G. Restorative Justice: Ideas, Values and Debates. Devon: Willan. 2002. Print.

Strang, H. Repair or Revenge-Victims and Restorative Justice. Oxford: Clarendon Press. 2002.

Walgrave, L. Restorative Justice and the Law. Devon: Willan Publishing Ltd. 2002. Print.

Wright, M. Justice for Victims and Offenders-A Restorative Response to Crime. (2nd ed).

Winchester: Waterside Press Ltd. 1996. Print.