Restorative Justice Essay

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Restorative Justice: Is it a viable alternative to criminal justice? Introduction Restorative justice, (referred to from now on as RJ) is a broad concept. Whether it is a viable alternative to criminal justice is a matter of consideration of many factors. Is it effective from the point of giving justice, reducing recidivism or even lowering the cost of dealing with criminal offences. The concept of RJ is one that was used in ancient civilisations, indigenous groups and also in England in Saxon times to deal with harms and violence that affected the community. In modern times it is subject of United Nations resolutions and is used by many countries throughout the world. It is also the subject of a British Home Office policy document. It has international as well as national aspects. Its main object is the reconciliation of victim and offender and the avoidance of prosecution in a criminal court. Successful schemes have been set up in Australia, Canada, the USA, and in Great Britain. Formal criminal justice involves power of the state in relation to control of behaviour by citizens who offend against legislation, and in England was originally designed by the Norman invaders as a means not only of control, but also as a method of raising taxes. It is questionable whether or not state power is relinquished in RJ and whether victim or offender receive justice. RJ involves power of state governments in relation to punishment and power of communities where they are able to take part in the procedure. Harm and violence are issues that are involved. The concept of RJ is one that affects local and global issues. This essay will examine these factors and endeavour to find a comprehensive conclusion. Concept of Restorative Justice The pure form of RJ is set out by Marshall (1999) with a definition that it is “a set of principles which may orientate the general

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