Question 1
Anne Marie’s view of the situation changed the moment that she met the killer of her father. Initially, Anne had been harboring anger and resentment towards the killer of her father. She had made it her life mission to ensure that he was always in custody. It is only after she met her and knew of his situation that she decided to forgive him. It was only until Anne met the killer of her father that she realized that it was not only her who had been affected by the incident. The killer was sorry and narrated how his life had also been affected by the incident. Anne realized that the killer also needed a second chance in life. Criminal justice systems are geared towards punishing the offenders. The impact that the offense has on the victim is normally ignored. Courts should be in a position to ensure that they are more focused towards facilitating opportunities for victims through restorative justice. Wilson et al. (2002), notes that this is because, in the process of restorative justice, both the victim and the offender have the opportunity to resolve their issues. For the offenders, they normally have not suffered the pain that the victims have undergone. However, offenders suffer the loss of dignity and shame in what they have done. Restorative justice enables the offenders to get healed from the shame that is normally associated with an arrest. Additionally, restorative justice enables the offender to accept the responsibility, confront the shame and apologize sincerely for the consequences that the victim has suffered. For the victim, restorative justice enables the victim to forgive the offender and maybe be compensated by the offender the damages that may have been caused in situations like the loss of property.
Question 2
There are various elements of the restorative justice that can be challenging to the justice system. One of the main elements is that restorative justice seeks forgiveness. The criminal justice system seeks to punish and deter individuals from committing crimes. Restorative justice seeks to forgive the offenders. In some way, by not meeting the whole punishment for the crime that was committed, then the offender cannot realize the impact of the crime that was committed. Another element of restorative justice is that sometimes the victims of the crime do not want to meet the offenders. In such situations, it is very difficult to implement restorative justice.
Individually, I believe that there is a place for restorative justice in the criminal justice system. In some instances, the offenders are able and willing to admit to the crime that they have committed before the sentencing commences. Sometimes, the victim and the offender can inform the court of the punishment that they have decided based on the negotiations that they have had with the victim only if the victim and the offender have been in some negotiations. Additionally, restorative justice offers restitution whereby the victim gets some form of compensation for the losses incurred. According to Judah and Bryant (2004), victim-offender reconciliation opens a platform that gives the victims closure to what happened to them. When the offenders are just punished, the victims do not always have closure. Restorative justice also gives the community a platform whereby they can mediate. Sometimes a mistake occurs. One has to place oneself on the legs of the offender and realize that maybe it was an unavoidable circumstance that led to the crime. Justice systems have to adopt some form of restorative justice.
References
Judah, E. H., & Bryant, M. (2004). Criminal justice : retribution vs restoration. Journal Of Religion & Spirituality In Social Work, 23(1-2), 1-6.
Wilson, R. J., Huculak, B., & McWhinnie, A. (2002). Restorative justice innovations in Canada. Behavioral Sciences & The Law, 20(4), 363-380.
