Restorative Justice
Role
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Name
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Affiliation
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Principal Investigator
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Dr.Gyanendra Kumar sahu
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Asst.Professor Utkal University
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Content Reviewer
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Dr.Gyanendra Kumar sahu
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Asst.Professor Utkal University
|
Description of Module
Items
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Description of Module
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Subject Name
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Law
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Paper Name
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Social Transformation and Social Engineering
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Module Name /Title
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Restorative Justice
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Module No.
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XI
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RESTORATIVE
JUSTICE
As
we all know that there are various alternatives of imprisonment and Restorative
Justice (RJ) is one of it. In other words, it can be said that, RJ is a type of
alternative method of justice in which the society addresses an offence and
seeks reparation and it is a kind of new outline for the Criminal Justice System
which is speedily gaining acceptance and support in International level. It is
basically, a response to crime that focuses on restoring the losses suffered by
victims, holding offenders accountable for the harm they have caused, and
building peace within society.
As
per RJ, an offence as harm to a persons and the community and seeks to solve
the problem and repair or restore the harm. In the traditional justice systems,
an offence is treated as a violation of the system and than the traditional
system focuses on establishing blame or guilt, and then imposing punishment but
RJ given an opportunity or a chance for victims to have a voice and for
offenders to achieve realisation about what they have done, to feel true
regret, and work towards reparation. In RJ, victim and offender are played an
active role, by expressing their feelings or approach and helping to decide the
outcome. Hence, RJ is a kind of doorway to forgiveness of offenders by victims
and a chance for re-integration of offenders and victims back into the society.
Restorative Justice is a kind of problem-solving approach to crime which
involves the parties themselves and the community generally, in an active
relationship with statutory agencies. It is not any particular practice, but a
set of principles which may orientate the general practice of any agency or
group in relation to crime.
These
principles are:
seeing crime
problems in their social context
a forward-looking (or preventative)
problem-solving orientation
Flexibility of practice (creativity).
Crime is viewed
primarily as a conflict between individuals that results in injuries to
victims, communities, and the offenders themselves;
The aim of the
criminal justice process should be to create peace in communities by
reconciling the parties and repairing the injuries caused by the dispute;
The criminal
justice process should facilitate active participation by the victims,
offenders, and their communities in order to find solutions to the conflict.”
But
Howard Zehr viewed through a restorative justice lens as, “crime is a
violation of people and relationships. It creates obligations to make things
right. Justice involves the victim, the offender, and the community in a search
for solutions which promote repair, reconciliation, and reassurance.” Joy
Wundersitz and Sue Hetzel having the opinion that the Restorative justice
“holds that criminal behaviour is primarily a violation of one
individual by another.
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