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Restorative Justice

The Reverend Bob

Fart Machine and Beastmaster
Restorative Justice is a very interesting concept to me. It can be both secular and religious. I am very interested in what all communities of faith think about the concept and as well of what people who are in the secular camp think about it.
For reference:
Restorative justice - Wikipedia
 

dybmh

דניאל יוסף בן מאיר הירש
It seems to assume the offender is not insane? That said, if the offender is mentally competent, and the harm done is obvious, it seems reasonable to me.
 

Left Coast

This Is Water
Staff member
Premium Member
As a secular person, I'm a fan. I think the criminal justice system should be focused on rehabilitation whenever possible. Retributive justice strikes me as little more than institutional vengeance, which I don't think is terribly helpful to us as a society.
 

crossfire

LHP Mercuræn Feminist Heretic ☿
Premium Member
It might work against minor property crimes and misdemeanors. I don't think this could work against sex crimes. Heck, the criminal justice system doesn't have a very good record against sex crimes.
 

Shadow Wolf

Certified People sTabber
I see it having tremendous potential for juvenile delinquents and petty criminals. Hardened criminals and crime lords probably won't be moved. For some crimes, such as rape and murder, I suspect its a terrible idea. And inappropriate if deemed mentally unfit to stand for trial.
 

joe1776

Well-Known Member
Restorative Justice is a very interesting concept to me. It can be both secular and religious. I am very interested in what all communities of faith think about the concept and as well of what people who are in the secular camp think about it.
For reference:
Restorative justice - Wikipedia
I think the idea is impractical.

Here's the first line from the Wikipedia article: Restorative justice is an approach to justice in which the response to a crime is to organize a meeting between the victim and the offender, sometimes with representatives of the wider community.

Now, imagine the resources that would require in a city the size of New York. The court system is only practical because: On average, 94 percent of state-level felony convictions are the result of plea bargains, as well as around 97 percent of federal convictions.

After that we need to imagine that both criminal and victim are interested in an amicable solution.

And, after that, we need to imagine that most criminals would have the money to make financial restitution when required.
 
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Erebus

Well-Known Member
I see it having tremendous potential for juvenile delinquents and petty criminals. Hardened criminals and crime lords probably won't be moved. For some crimes, such as rape and murder, I suspect its a terrible idea. And inappropriate if deemed mentally unfit to stand for trial.

Exactly right.

For some people the face to face meeting with their victim demonstrates the fact that they've caused harm to another human being. It makes it more real to them. Furthermore, doing something to try and correct the harm done (for example, paying to have a broken window repaired or returning stolen property) has an actual tangible benefit to the victim.

However, there are those who simply lack empathy. For them, the basic aims of restorative justice are largely meaningless. It needs to be employed in the proper circumstances.
 

Shadow Wolf

Certified People sTabber
and victim are interested in an amicable solution.
That's typically a condition to qualify for such a program where they are utilized. Also, financially paying for restitution isn't the only option. The victim typically does have a say in if money, work, or other means will be considered paid in full. Theoretically, having an offender just listening to how their crime had a detrimental effect on someone's life and/or work would be sufficient if that is all the victim wants. Im sure a judge has to agree a restitution isn't excessive, cruel, or unusual, but the victim does have to be open to it and does get a voice in how things go.
 
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