A strong conviction is expressed that mediation helps parties to a constructive, revealing and influential experience that relieves the pain of victimisation on one side, while it assists self-realisation and behavioural reform on the other, thus both sides of the divide benefits from the process.
Suggestively, restorative justice has the capacity to deal successfully with the often blurred distinction between offenders and victims. Graef suggests that with children in a fight at the playground, for example, it is not always clear who is the offender and who the victim and believes that under such circumstances, a criminal prosecution is not the best way forward.
Noting that to err is human, and that we can all be violent and yet vulnerable and remorseful, callous at one moment and insensitive, but then become aware of and regret the damage we have caused, mediation can best address these ambiguities much more successfully in promoting a closure.
A classical situation where restorative justice may be helpful, although with calculated safeguards, is in the rather complex situations around domestic violence and child abuse.
Often these are not reported because the criminal justice process may be perceived as daunting and making things no better. The collective shame and general experience of bringing such cases to court is so damaging to the victims and the rest of the family that most such abuse is suffered in silence. The reality is that even if they are successful at gaining a conviction, the family is left torn apart, and the victim are often left feeling more guilt than the perpetrator or the offender, sensitive issues which can best be adequately addressed via restorative justice process.
Paradoxically, mediation is somewhat seen by many justice professionals as a soft option for offenders. However, some criminologists think, often offenders find the process much harder than a court appearance, as they dread the real prospects of having to come face to face with their victims and be directly confronted with their antisocial behaviour. Own the responsibility for their deviant behaviour or crime 2.
Become more aware of the effect of their crime on thir victim s 3. Reassess their future behaviour in the light of this knowledge 4. Despite many offenders finding meeting their victims a daunting and challenging experience, research evidence suggests that their attitudes after mediation has always indicated positive outcomes. Besides, reparation and compensation that has been agreed through the mediation process has a much more significant chance of being completed as offenders are more likely to have an insight and develop the understanding of why it is needed.
Clearly, many exponents of the restorative justice and mediation process, have come to the conclusion that suggests that these processes should not be judged as a deterrent to future offending, but rather as a more civilised and positive response to the harm caused by criminality, as the offer of mediation improves the impression of the justice system for those caught up in it.
Research evidence suggests New Zealand as the first jurisdiction to incorporate restorative justice into law in , and together with Canada has to date taken different approaches to restorative justice from both the US and Britain, by rediscovering ancient practices and using them in their criminal justice systems. Guided by a trained practitioner as the facilitator, a Family Group Conferencing explores those criminogenic factors that may have led to the offending behaviour, and the effects it may have impacted on the victim.
A variation of this conferencing has been developed by Australia and both forms have become integral legislative practice features of the US and British criminal justice systems and some other democratic jurisdictions. Reparation Orders have become options for the courts as they offer the opportunity for young offenders to undertake reparative work to the benefit of their victims, or if victims do not want to be involved, to the benefit of the community.
It means restoring the balance disturbed by crime, and making good the harm caused by those concerned. It involves victim and offender and unlike the traditional criminal justice system, it includes friends, families and communities. It gives space for victims to explore issues they cannot raise in court, and for offenders to take greater responsibility for their actions- helping to ensure the harm does not happen again. Restorative Justice is not just about face to face mediation.
It can encompass other kinds of making good, from reparation and community service to community mediation of local conflicts. The witer who is the operations director of Omro, an offender management and rehabilitation consultant is also a penal reform advocate. Marcus-Chris Lawson has authored 63 publications on Modern Ghana.
Modern Ghana will not be responsible or liable for any inaccurate or incorrect statements contained in this article. Feature Article 5 January Last updated at But recent events indicate he is not prepared to retire from politics. He still wants to lead the NPP again for the elections.
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