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    Mediation and Restorative Justice Have Come To Occupy An Important Place in The Criminal Justice System

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    Mediation and Restorative Justice Have Come To Occupy An Important Place in The Criminal Justice System

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    aditya21llb073
    7 views2 pages

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    Mediation and restorative justice have come to occupy an important place in the criminal justice system

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    7 views2 pages

    Mediation and Restorative Justice Have Come To Occupy An Important Place in The Criminal Justice System

    Uploaded by

    aditya21llb073

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Mediation and restorative justice have come to occupy an important place in the criminal justice system,

    moving from the purely punitive to a holistic, restorative model. This shift or change was in consequence
    with and conformed to the very values vested in the Constitution of India—one such being the right to
    speedy trial enshrined under Article 21, which holds that justice shall be done without undue delay and
    in a fair manner. The realization that conventional courts, bogged down by procedural delays and
    overwhelming case loads, may not provide justice in time has resulted in a growing emphasis on
    alternative dispute resolution mechanisms like mediation and restorative justice. Indeed, the maxim
    "justice delayed, justice denied" succinctly tells about this painful reality and underlines the urgency for
    reform.

    Mediation is, thus, a very important ADR mechanism in criminal matters, helping the victim to have a
    discussion with the offender in an effort to come out with a solution that is mutually acceptable
    compared to the adversary litigation, cases in this particular jurisdiction are less adversary and more
    restorative than punitive in determining only the guilt of a person and punishing them. It is particularly
    applicable in juvenile cases where the emphasis is on rehabilitation and reintegration rather than
    retribution. By opening up the offender to ways of realizing wrong actions and giving back what is due,
    meditation instills in them a sense of responsibility or accountability that could help in not repeating the
    offense. On the other hand, restorative justice widens these basic tenets of mediation by having the
    victim and the offender but also involving the community in solving the crime. It is an approach that
    recognizes individuals and communities as harmed by crime and seeks to heal that harm through some
    collective action.

    Restorative justice practices include mediation between the victim and offender, family counseling, and
    community circles opening out new paths toward healing, too often closed off within our traditional
    systems of justice. Briefly stated, restorative justice tends to the victim's needs, offender accountability,
    and the community's role in attending to healing, reconciliation, and social harmony. Restorative justice
    provides some empirical evidence to prove that this method works, particularly at reducing recidivism
    rates with respect to offenders who are juveniles. A number of studies have revealed that offenders
    receiving restorative justice treatment offend less compared to their counterparts undergoing traditional
    justice systems. This is largely because restorative justice deals with the grass roots of criminal behavior
    —addressing social exclusion, lack of education, poor family functioning—and equips offenders with
    tools and support to initiate positive change. Long-term benefits from restorative justice, however, are
    not confined to a decrease in recidivism. Offenders undergoing restorative justice processes are likely to
    make better reintegration into society and develop empathy for the victim, and hence construct lives
    free of crime.

    In fact, if mediation and restorative justice are going to realize their full potential, then it has to be based
    on full-scale legal and political reforms. These include legal frameworks that would back restorative
    practices, professional development and training for the professionals involved, funding, adequate
    resources, evaluation, and further research into effectiveness such approaches. In addition, public
    awareness and education will be needed to guarantee vast acceptance and diffusion of restorative
    justice.

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