Poder Y Las Criticas Hacia Las Empresas

The use of the restorative justice program

Our current system of law and justice is oriented completely to the offender. What
would a system be like if the emphasis were on the victim’s rights, needs, and
compensation? In a system with a primary emphasis on the victim rather than the
offender, money would be spent on victims services rather than prisons. It would be
victims whowould receive job skills training, not offenders. Some of the money that now
goes to law enforcement and corrections would be channeled to compensation
programs for victims of personal and property crimes. Victims would be helped even if
their out offenders were not caught. The major goal would not be punishment, but
service. Offenders would be peripheral figures; they would be required topay restitution
to victims, and punishment would occur only if they did not fulfill their obligations to their
victims. Could such a system work? Although the restorative justice movement does not
propose quite his level of radical restructuring, it does dramatically redesign the justice
system and offers a new alternative to retributive justice. Restorative justice is a term
used todescribe a number of programs that seek to move compensation back to center
stage in the justice system instead of retribution . A similar philosophy has been called
“peacemaking justice”. Braswell and Gold (2002).

History of Restorative Justice

Restorative justice approaches to crime data back thousands of years. In North America
the first traces of restorative justice have beenattribute to the first communities. In
Israel, the Pentateuch specified restitution for properties crimes. In Summer, the code of
Ur-Nammy (c. 2060BC) required restitution for offenses of violence. In Babylon, the
code of Hammurabi (c. 1700BC) prescribed restitution as a sanction for properties
offenses. In Rome the Twelve Tables (449 BC) ordered convicted to pay double the
value of stolengoods. In Ireland, under the Brehon Laws (first recorded in the Old Irish
period) compensation was means of restitution for most crimes. In Germany, tribal laws
promulgate by King Clovis 1(496 AD) called for restitution sanctions for both violent
and non violent offenses. In England, the Laws of Ethelbert of Kent (c. 600 AD) included
detailed restitution schedules.

Restorative justice(also sometimes called “reparative justice”) is an approach to justice
that focuses the needs of victims and offenders, instead of the community to exact
punishment. Victims are given an active role in a dispute and offenders are encourage
to take responsibility for their actions. It is based on a theory of justice that focuses on
crime and wrongdoing as acted against the individual orcommunity rather that the
state. Restorative justice can involve a fostering of dialog between the offender and the
victim show the highest rates of victim satisfaction.
Restorative justice is defined as: abroad term which encompasses a growing social
movement to institutionalize peaceful approaches to harm, problem – solving and
violations of legal and human rights. These range frominternational peacemaking
peacemaking tribunals such as the South Africa Truth and Reconciliation Commission
to innovations within the criminal and juvenile justice system, school, social services
and communities. Rather than privileging the law professionals and the state,
restorative resolutions engage those who are harmed, wrongdoers and their affected
communities in search of solutionsthat promote repair, reconciliation and the rebuilding
of relationships. Restorative approaches seek a balanced approach to the needs of the
victims, wrongdoer and the community through process that preserve the safety and
dignity for all. Restorative justice is very different from either the adversarial legal
process or that of civil litigation. “Court-annexed” ADR (alternative dispute...