Restorative Justice Process

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Chapter 4
Restorative justice processes and programs and the Criminal justice system
1 Introduction
South Africa as in most countries in the world is still applying a retributive justice system. The accusatorial system is still dominating our courts whereby the accused person is in the Centre of interrogation and there is no or little concern regarding the victim of crime. In response to the challenges faced by the criminal justice system and simultaneously transforming the administration of justice, the Justice Crime Prevention and Security Cluster (JCPS) has adopted the Restorative Justice approach for several reasons including the fact that Restorative Justice is largely informed by indigenous and
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Restorative justice is about building communities of care around individuals while not condoning harmful behaviour; in other words, holding individuals accountable for their actions within systems of support. restorative justice is about addressing the hurts and needs of both victims and offenders in such a way that both parties, as well as the communities which they are part of, are healed.
The focus in the case of restorative justice is on the emotional and social disruption caused by misbehaviour. The focus is not on the misbehaviour itself, but rather on the consequences of the misbehaviour. The wrongdoing lies in the violation of people and interpersonal relationships and not in the breaking of the rules. Karp and Breslin emphasize that restorative justice is about disapproving of the transgression while valuing and supporting the transgressor's intrinsic
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The transgressor plays an inactive part, with no regard being had for the victim or community and with the authority figure actively measuring out the punishment. The transgressor thus becomes the object of punishment. In contrast, with the restorative justice approach, the transgressor is forced to participate actively in adjudicating the dispute. Accountability is therefore defined as understanding the impact of one’s actions, taking responsibility for one’s choices and suggesting ways to repair the harm. Since the transgressor's behaviour is seen as harm done to the victims, the transgressor and the community as a whole, the transgressor is obliged to repair the
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