Mechanisms of Retributive and Restorative Justice - Essay Sample

Introduction

Retributive justice is a mechanism that is unfairly assumed to be the most effective in North America. It aims to punish people and deter them. It is judicial and involves people receiving what the really deserve. People who work hard should be awarded and deserve the fruit of their labor. Whereas citizens who break the law and rules deserve to go through punishment. In this kind of justice, people are supposed to be treated in the same way that they voluntarily decide to treat others, meaning that good treatment deserves good treatment from others.

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Save 25%

It simply works to reinforce broken the rules and scales of justice balancing. It matters and prevents some crimes like murder, racial discrimination, and rapes since international law prohibits it. (Alexander, 2018).Many citizens believe that those who commit such crimes should be brought to the right justice. Restorative and retributive justice work together to restore offenders and victims to their correct position.

The negative sides of retributive justice come in too. This happens when people treat others as they treat them, meaning that it is a kind of revenge to humanity. Revenge is a way of getting even with the people who hurt us. It involves some emotions like anger, bitterness, resentful and hatred which are very destructive. People may over-react and result in excessive punishments which can cause further pain.

There is usually very little room for apology or forgiveness in this current situation. Some citizens believe that victims should not seek revenge and that they should forgive to end the cycle of offense. However, forgiving the wrongdoer does not take the place of punishment or justice administered. This idea of the people committing crimes getting their payback should not lead to deep revenge. Citizens should stand for justice, not vengeance.

Restorative justice is simply the approach whereby the offenders are rehabilitated in inclusive of the community and victims. Involves viewing the crime problem and providing good and intelligent solutions. This brings about the right procedures that give the victims involved in the crime a voice of restoring the personal damage caused and suffered. It leads to punishments that are meaningful for offenders and reflect the people offended needs majoring on reducing the pain caused to the victim.

This type of justice view on crimes is more of breaking the law. It causes harm to relationships, the community at large and people. Its main aim is to create support from the community for both the offender and the offended and address the victim's crimes. The principles involved here include the government's responsibility to maintain law and order and peacebuilding by the community. For the problem resolution, citizens involved should actively participate, and justice should mostly major on the crime causing harm.

This kind of peace circle mainly helps the community at large not those involved only. The victim's needs are realized acted upon accordingly. Offenders pay for their crimes which is also beneficial to the community. Their meeting which is face to face helps the affected persons in reducing the offending. Some of its negativities include the crimes being personalized.

Lack of regulations that are legalized in many nations regarding the system creates a lot of confusion in this process. In conclusion, when restoration justice is done against juvenile offenders and crimes that are petty, it's so suitable.

Northern Uganda reconstruction issues and the appropriate justice mechanisms outline any reconstruction phase goals and explain peace and justice. It entails that peace needs to be secured before deciding upon justice and carrying it out. Their sequence explains contradictions that came out from different individuals and the interview within. In this case, the differentiating out of retributive and restoration justice aspects is false as it is seen. This leads to the considering of the potential and current traditional role. It also means the localized justice mechanisms in the future time of transition or within a conflict zone.

Currently, many individuals still identify the importance of such mechanisms and they are predicted to future value, not the current. (Frias-Armentia, 2018)The consensus that a lot of value included and processes that were underpinning traditional mechanisms have been displaced with the people from conflicted areas. This meant that many people believe that a similar role should be played in any post-conflict phase.

There has been a conflict between Northern Uganda and Lord's Resistance Army (LRA) for decades. This conflict is rooted to have some political per mishandling. There is untold suffering for the northern people due to the consequences of war leading to Internally Displaced People(IDP). The government has created protected villages which have made people flee their livelihood and homes for external assistance. Even after all this protection, they keep being attacked regularly by the rebels.

Children have become victims of this war, and some have been forced to be combatants. Oftenly, child-soldiers are forced to commit bad and dangerous acts mostly against their families who have resulted in destroying of northern infrastructure. The International Criminal Court (ICC) was asked by Uganda's president Museveni to do an investigation on the Lord's assistance army in Northern Uganda. The ICC saw some sense in the investigation, and those found guilty of any crimes against human rights will be punished, imprisoned and sentenced following legislation which is based upon the ICC.

People living in the region affected by war will live with the decisions that will be made by the government for security. There has been some hope of a resolution from the negotiations between the Government of Uganda and rebels. Lack of commitment between both of these parties might make the war take long before it stops and there is a question in the decrease of the support from the Government of Sudan for the Lord's Resistance Army. (Amone-O'Olak, 2018). This raises questions on what can be done to the IDP's living conditions, the committed crimes under the control of LRA by child soldiers. Calls for peace, justice, and reconciliation are being heard, and very strong measures will be put in place for the demands of each of them to addressed and met.

Conclusion

In conclusion, retributive and restorative justice reduces crime rates which lead to peace and reconciliation between citizens. Citizens should actively participate in them.

References

Alexander, L. (2018). Retributive Justice.

Amone-P'Olak, (2018). Coping with post-war mental health problems among survivors of violence in Northern Uganda: Findings from the WAYS study.

Frias-Armentia, (2018). Restorative justice: A model of school violence prevention.