Hornsea ink : Forum Regular 28th November 2015 1:35 PM |
This may stir things up....
It is a common mistake to assume that victims and offenders are completely distinct from one another. Our adversarial criminal justice system sets the offenders advocate (the defence) against the victim’s (or the states) representative in the form of a prosecutor. This model of criminal justice then creates a tension between the interests of the victim and the rights of the offender, many discussions and policy making decisions are then based on the premise that the interests of a victim and those of the offender are always diametrically and automatically opposed.
One of the major developments in criminal justice over the last thirty years is the increasing recognition of the rights and needs of the victims of crime. In recent years it would appear that restorative justice is emerging as an increasingly important (but expensive) element in mainstream criminological practice when discussing the rights, needs and the role of the victim within the judicial system.
In broad and simple terms, restorative justice signifies those measures that are designed to give victims of crime an opportunity to tell the offender about the impact of the offending on them and their families. It is also used to encourage offenders to accept responsibility for, and to repair the harm they have caused. Its general aims are to reduce re-offending, to restore the relationship between the victim and the offender that was disturbed by the offence, and to improve the victim’s experiences within the criminal justice process.
More importantly it is an attempt to involve, include and listen to the victim’s account of events through the use of direct and indirect mediation. The victim is therefore empowered and included in the judicial process through the use of dialogue with the offender. Both parties are encouraged to explore the offence; questions can be posed in order to facilitate a mutual understanding of the impact the crime has had. The offender is given the opportunity to explore the aftermath of his or her actions by being introduced to the victim.
That said, I would still flog the man responsible for the desecration of a war memorial, sometimes the public simply want revenge and retribution and I am human too....
Thanks,
Ray Priestley