Ngwana phosa dira ga a bolawe: The value of restorative justice to the reintegration of offenders (original) (raw)
Related papers
2016
Some legal practitioners may disagree with the idea of a restorative criminal justice system as a better solution than retributive one. Can a criminal justice system provide justice for all while concurrently reducing the use of imprisonment? Is it possible to keep the community safe, punish and correct offenders, and reduce crime rate while reducing the use of imprisonment as deterrence? The criminal justice system is in place to do justice to victims, the state and the offender. Justice is not just for the state and the victim with exclusion of the offender. If it were so there would be no need for reintegration. Canada has a growing restorative justice system; this system brings to light the possibility of implementation of restorative element in an existing retributive system to produce a workable hybrid. This thesis seeks to explore these possibilities. Although this does not imply that the Canadian criminal justice system is perfect, quite the contrary it is a work in progress. However, this is an attribute that Nigeria and many other common law countries can learn from and emulate. This paper explains how.
Restorative approaches to criminal justice : an exploratory study in KwaZulu-Natal
2008
Special thanks to my supervisor Or Vanitha Chetty for her dedication and commitment towards the completion of this thesis. Your guidance and encouragement throughout the process is deeply appreciated. This study was inspired by my engagement with fellow task team members in the Standards Generating Body for Victim Em powerment. Thanks to all the non• governmental organisations (or their enthusiastic participation. My sincere thanks go to members of the National Prosecuting Authority (Restorative Justice), for creating the space for me to conduct this s tudy which was greatly enriched by my participation in the ' Restorative Justice and Community Prosecutions Conference' in February 2007. Many 'windows of opportunity' were created for engagement with key individuals on a range of issues that today challenge criminal justice reform in a transitional society. Special thanks to the (ollowing individuals (or all their assistance: Mr Sagren Naidoo, Chief Prosecutor • Central KwaZulu•Natal, for showing an interest in the study, a rranging the distribution of questionnaires and doing the necessary to encourage participation of prosecutors. Mr Ray Sansom, Chief Prosecutor• Southern KwaZulu• Natal, for taking the time to collaborate on the drafting of the questionnaire and its distribution. Senior prosecutors in the province who assisted and facilitated the distribution of the questionnaires. Ms Sorelle Camp, for willingly providing statistical information and assisting with the collection of the questionnaires. Prosecutors that participated in the survey, many of whom made an effort to provide detailed information. Sincere thanks to Mr Mike Batley, for the encouragement over the past four years and taking time to engage with me on some of the critical issues. Very special thanks to Or H Somaroo for his constant support, guidance and loyalty over the years; and to my dear friends, Devina and Usha, for their love and friendship. J am especially appreciative of the love, support and assistance from my Mum, and my sister, Anita. My deepest gratitude goes to my late Dad, Or Keshavlal Bhoola, whose quiet words of encouragement and belief in each individual's ability to succeed, remains embedded in m y heart. It has inspired me to get over the final hurdle. Special thanks to my daughters, Seetal, Karisha and Mumta. Each of you has given me a priceless gift. I w ill be fo rever grateful for your'Cift of Time'. Above all, I would like to thank m y husband Natu, for always taking an interest in my work, enthusiastically engaging in critical debate, and for the emotional support and encouragement throughout this journey. This study was supported by the 'Competitive Research Grant'. from the University of KwaZulu-Natal, IV ABST RACT Res torative justice, a social movement seeking to introduce reform in the operation of the trad itional criminal justice system, has seen a marked proliferation of its initiatives over the last decade in countries like Australia, New Zealand, United Kingdom, Canada and the United States. Restorative processes are those in which offenders, victims and/or others affected by a crime participate often with the help of a fac ilitator, in the resolution of matters arising from that crime. Prevailing literature indicates that the intellectual heritage of restorative jus tice is diverse and rooted in a myriad of theories, beliefs, values and customs. Restorative justice is also used to describe a bewildering range of practices and programmes. While restorative justice draws on existing traditional, indigenous and religious beliefs in dealing with disputes, effective restorative justice practices depend on a well functioning and credible criminal justice system. The current preoccupation with restorative justice by advocates fo r criminal justice reform is closely related to low levels of access to justice on the part of many South Africans. The extraordinarily high rates of violent crimes in South Africa clearly suggest that restorative justice cannot replace current penal law and procedure. Effective and innovative integration of restorative processes into the formal criminal justice system is just one of the many challenges facing criminal justice systems worldwide. The question that arises is whether restorative processes can and should inform a greater proportion of justice system activity? In answer to this question the present study critically explores the development of the restorative justice paradigm in South Africa both within the criminal justice system, as well as initiatives taking place outside it Since 1994 there have been numerous policies that have sought to incorporate restorative principles. Notwithstanding its growing popularity, its integration into the nationaJ criminal justice agenda for reform is fraught with difficu lties, both theoretical and practical. The study highlights the difficulties associated with applying restorative approaches in cases of intimate violence against women and children and proposes that the primary focus should be on victim safety and not merely offence seriousness and willingness of the offender or victim to participate. dearly the agenda for implementation and strengthening of restorative practices in the criminal justice system has to go hand in hand with the provision of victim services and support. An integrated, multi-sectoral approach involving collaboration with the relevant government departments is suggested, so that clear strategies may be developed in order that responses may be facilitated from the moment a crime occurs untiJ the final restorative elements have been completed. The study concludes by making recommendations in respect of implementation, policy and law reform, practice guidelines and standards, skills development and training, and curriculum development in the field of restorative justice. v Chapter 1
The Kenarchy Journal, 2021
Appreciation goes to Dr Brad Jersak, the author’s friend, encourager, and mentor. In October 2020 at his invitation, a Q & A format was adopted for a presentation on what most commonly is known as “Restorative Justice.” As is clear from the title, this presentation argued emphatically for peacemaking and abolition as opposed to reform. What follows is a reworking of that material and addition of new, retaining the Q & A format. It begins with three pointers to the tendency of the State to use the criminal justice system as a means to population control. It then gives some background to the author’s lifelong immersion in issues of Restorative Justice, and the development of his thinking, particularly with respect to individuals harmed by the criminal justice system. Its negative community impact is then set out and an assessment is made of the penitentiary as a disastrous social experiment. The article concludes with a positive look of how the Restorative Justice movement has risen as a genuine alternative to the Western criminal justice system.
Restorative justice: a contemporary South African review
Acta Criminologica, 2008
Restorative justice is a well understood concept. Internationally, its theory and practice have been substantially documented, and it has withstood critical analysis. There has been a movement amongst even those that would be expected to be its harshest critics, just deserts theorists, to engage in a good faith attempt to reconcile the competing paradigms. In South Africa, restorative justice has moved from the margins to take its place as a subject of serious academic debate in criminal justice. It has also featured in a promising jurisprudence that is emerging from the country's superior courts. The article explains how certain local developments in practice, as well as the Child Justice Bill, promote the application of restorative justice across all stages of the criminal justice system. Restorative justice and sentencing policy is explored against the South African Law Reform Commission's proposals for a sentencing framework. Rehabilitation is the final issue tackled. Despite its loss of credibility in recent decades, rehabilitation as a concept still looms large on the South African criminal justice landscape. Restorative justice offers a different view on how to promote the aim of a crime-free life for the offender, and South African criminal justice practitioners and researchers are urged to engage in the discovery of realistic community centred models.
An overview of restorative justice around the world
Restorative justice has become a global phenomenon in criminal justice systems. Resonating with, and in some cases drawing from, indigenous conceptions of justice, it offers both an alternative understanding of crime and new ways of responding to it. Restorative processes include victim-offender mediation, conferencing and circles; restorative outcomes include apology, amends to the victim and amends to the community. Restorative interventions are being used by police, prosecutors, judges, prison officials and probation and parole authorities. Restorative interventions have developed somewhat differently from region to region, but in many cases, countries have found it useful to adopt appropriate legislation. Human rights and other objections or critiques of restorative justice have been raised. Due in part to this, the UN has endorsed the Declaration of Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters. An overview of restorative justice around the world 1 We brought the needle to sew the torn social fabric, not the knife to cut it.
Restorative Justice: What Is It and Does It Work?
Annual Review of Law and Social Science, 2007
This article reviews the now extensive literature on the varied arenas in which restorative justice is theorized and practiced-criminal violations, community ruptures and disputes, civil wars, regime change, human rights violations, and international law. It also reviews-by examining empirical studies of the processes in different settingshow restorative justice has been criticized, what its limitations and achievements might be, and how it might be understood. I explore the foundational concepts of reintegrative shaming, acknowledgment and responsibility, restitution, truth and reconciliation, and sentencing or healing circles for their transformative and theoretical potentials and for their actual practices in a variety of locationsfamily abuse, juvenile delinquency, criminal violations, problemsolving courts, indigenous-colonial-national disputes, ethnic and religious conflicts, civil wars, and liberation struggles. Restorative justice, which began as an alternative model of criminal justice, seeking healing and reconciliation for offenders, victims, and the communities in which they are embedded, has moved into larger national and international arenas of reintegration in political and ethnic conflicts. This review suggests that there are important and serious questions about whether restorative justice should be supplemental or substitutional of more conventional legal processes and about how its innovations suggest potentially transformative and challenging ideas and "moves" for dealing with both individual and group transgressive conduct, seeking peace as well as justice.