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Restorative justice is an approach to justice that aims to repair the harm done to victims. [1] [2] In doing so, practitioners work to ensure that offenders take responsibility for their actions, to understand the harm they have caused, to give them an opportunity to redeem themselves, and to discourage them from causing further harm.
S v Shilubane, [1] an important case in South African criminal law, was heard and decided in the Transvaal Provincial Division by Shongwe J and Bosielo J on June 20, 2005. The case is significant primarily for its treatment of questions of punishment, advocating the consideration of restorative justice as an alternative to direct imprisonment, urging that presiding officers be innovative and ...
Rehabilitation is the process of re-educating those who have committed a crime and preparing them to re-enter society. The goal is to address all of the underlying root causes of crime in order to decrease the rate of recidivism once inmates are released from prison. [ 1 ]
Therapeutic Jurisprudence also has been applied in an effort to reframe the role of the lawyer.It envisions lawyers practicing with an ethic of care and heightened interpersonal skills, who value the psychological well being of their clients as well as their legal rights and interests, and to actively seek to prevent legal problems through creative drafting and problem-solving approaches.
Restorative practices has its roots in restorative justice, a way of looking at criminal justice that emphasizes repairing the harm done to people and relationships rather than only punishing offenders. [11] In the modern context, restorative justice originated in the 1970s as mediation or reconciliation between victims and offenders.
In models of restorative justice, victims take an active role in a process with their offenders who are encouraged to take responsibility for their actions, "to repair the harm they've done—by apologizing, returning stolen money, or community service." [60] The restorative justice approach aims to help the offender want to avoid future offences.
Alternatives can take the form of fines, restorative justice, transformative justice or no punishment at all. Capital punishment , corporal punishment and electronic monitoring are also alternatives to imprisonment, but are not promoted by modern prison reform movements for decarceration due to them being carceral in nature.
Among other reasons, this is because the sentencing process is solely the domain of the judge who considers many more factors than harm to victims. Allowing suggestions on punishment or sentence can create a false hope of the eventual sentence and undermine the notion of restorative justice.