Restorative Justice

PHILOSOPHY - BALANCED AND RESTORATIVE JUSTICE

When you allow a victim to have a say in Justice it is called "restorative justice".

Victim participation is occurring in Scotland and there is a successful scheme in operation in Dundee which maybe pushed out to the whole of Scotland.

Restorative Justice is a good thing, as it helps both parties to move on - such that the victim can actually represent to the criminal the "consequences" and "effect" that their actions have had upon the victim's life.

The Justice system itself does not let the perpetrator of the crime know the issues as they go to jail on "objective" rationale.

Enabling a criminal to "know" information which he may not have taken into consideration when doing the crime, is likely to affect "reasoning" and aid re-offending criteria as the person will think twice.

I like the idea of "restorative justice", because it is a two way process. The victim also gets "knowledge" of why the criminal did the act they did do. The victim can then understand the "circumstances" which led to the crime.

In court the issue is "objectivity": mens rea, more than merely preparatory act, actus reus, whether it is attempt or conspiracy and offence.

The judge can take into account some subjective criteria concerning the criminal and the "circumstances"/cause, but at the moment the judge doesn't take into account the victim and "consequences"/effect.

Restorative justice has a place in a just and safe society and is progressive.