Streetlaw

THE DYNAMICS OF RESTORATIVE JUSTICE IN A CRIMINAL JUSTICE SYSTEM.

More than 6.7 million people are incarcerated in the United States. If that seems high, that’s because it is. The U.S has 25% if the world’s prison population despite having only 5% of the world’s overall population.  Because of this, policy makers, think thanks, non-profits, an

d those working in the Criminal Justice and Criminology fields are trying to find workable ways to decrease our prison population.  One possible solution is to rely more on restorative justice and less on our punitive justice.

Quintessentially, restorative justice is not a new idea. Infact, it has been a common form of justice around the world for centuries. However, it’s quite different from the punitive system most of us are familiar with. Instead of locking criminals up, a restorative justice system requires them to make amends for their crimes and change their ways onward. It’s a system that sees crime as an act of harm and not as a breaking of rules. For this reason, it views incarceration as an indirect, incomplete, and ultimately ineffective response to crime.

WORKABILITY OF RESTORATIVE JUSTICE
There is no one, universal system of restorative justice. However, the centre for Justice and reconciliation- the research and educational arm of prison fellowship international- layout a basic structure for how restorative justice should work. In a punitive system of justice, the dispute is between the accused and the state. The victim does not play active role. In a restorative system, all parties are invited to the table and included in the court’s proceedings and the justice process.

ENCOUNTERING:
When possible, and when both parties agree, the perpetrators and victim come together, discuss the crime and it’s effects, and agree on what happens next. In situations where the parties can not or will not meet, this step can be augmented or left out.

MAKING AMENDS:
Instead of being incarcerated, the convict is expected to make amends through the process of apology and restitution. The restitution can be ordered by the court or agreed to between the perpetrator and the victim.

REINTEGRATION:
Both the victim and the convict are given the assistance they need to reintegration into the community.  Mental Health, professionals, faith leaders, social workers, and/or peers form support networks designed to mitigate/ameliorate the negative effects of being a victim or help the criminal change his/ways.

BENEFITS AND DRAWBACKS
Restorative Justice is a more humane method of dealing with crime, and it opens the door to healing in a way punitive system does not. It can be effective. Studies have shown that restorative justice can lead to:
1. Substantially reduced repeat offending for some offenders.
2. Reduction in crime victims’ post -traumatic stress symptoms & related costs.
3. Both victims and offenders experiencing more satisfaction with justice
4. Reduction in crime victims’ desire for violent revenge against their offenders
5. A reduction in the costs of criminal justice
6. A reduction in recidivism

However, restorative justice dies have drawbacks. The support networks necessary for re-integration can be difficult to assemble and maintain, and few communities feel comfortable allowing certain types of criminals- such as violent offenders to re-enter the community. There is also the issue of victims who have no interest in participating in the justice system. Forcing victims to participate is not an option and yet without the victim’s participation, restorative justice loses much of its purpose. For these and other reasons, restorative justice is practiced far less than punitive justice throughout the world.

More importantly, section 15 (2) and (3) of the Criminal Law of Lagos State, 2011, empowers the courts to order compensation. Restitution, Community Service, Probation, Curfew Orders, Binding-over Orders, Rehabilitation and Correctional Orders, Victim-offender Mediation and other restorative justice measures in addition to or in lieu of any punishment which may be imposed.

Nevertheless, where Criminal Charges have not been instituted, restorative justice measures can be utilized for misdemeanour and simple offences as the law allows parties to compound and settle criminal cases that are not felonies. These cases are therefore open to restorative justice approach.

Conclusively, restorative justice system ought to be applauded and given more consideration and attention to ameliorate traumatic  effect of sentencing in Nigeria Criminal Justice System.

Gerald Ojoajogwu Ogeji Esq