Advantages Of Restorative Approach

The question of whether the restorative approach would be an effective system to decrease crime rates, instead of the retributive approach, is often frowned upon due to the distrust felt by many South African citizens in regard to the lack of protection served by the South African Police Service. The general public opinion of South Africa is that crime has become out hand and they are losing faith in the Criminal Justice System. Many South Africans believe that the retributive approach will act as a deterrent in South Africa, especially for serious violent crimes such as murder and rape.

In this essay I will critically discuss the various forms of punishment in South Africa and how the courts determine sentencing. I will then argue in favour of the restorative approach as opposed to the retributive approach. The Restorative approach promotes decreased recidivism rates, and assists

It advocates that the offender has issues that led him/her to commit the crime and by assisting the offender, it will reduce the risk of re-offending. The advantages of the restorative approach are:

It is handled by the parties themselves, not lawyers only. It measures success in regard to the reconciliation instead of punishment. Repeat offending has decreased as well as the victim’s post-traumatic stress symptoms have reduced. Restorative justice establishes contact between the perpetrator and victim. It aims to:

Help victims to recover from the impact of the crime, promote understanding from the offender of the trauma his/her actions had on the victims and provide an opportunity to reconcile. In S v Isaacs, it was suggested that court should focus more on the interests of the victim. The Critical Race Theory identifies the importance of focusing on the interests of the