Restorative JUSTICE and Community Sentence

Abstract

In recent, restorative justice has become a new paradigm for criminal justice in response to crime. In the existing criminal justice system, punishment is a legal consequence of crime, which has the nature to impose harm on the crime committed by the actor. On the other hand, restorative justice focuses on conflict parties to resolve conflicts. In this view of the world, the problem of crime is the wound of the community and the damage of the network. More fundamentally, this view of illicit behavior implies an interest in the healing of the affected parties, including the perpetrator and the community, as well as the victim. So the parties(the perpetrators, the victims, the community members, etc., in relation to the recovery) participate in the process of resolving conflicts and set and pursue the goal of restoring and reintegrating conflicts. The recovery of the perpetrator is also as important as the recovery of the victim, and it is necessary to accept the perpetrator as a member of the community again Therefore restorative justice emphasizes active support and involvement of the community in the process of recovery. From this point of view, we consider that social treatment is appropriate for the realization of ideology of restorative justice rather than treatment in facility at the correction stage, and we seek to utilize social treatment as restorative sanction by practice program of restorative justice. In this respect, the process of acknowledging responsibility for their actions and trying to heal the damage they have with them will lead to regret and responsibility for the past. In addition, you can expect the preventive effect, which is the purpose of punishment. On the other hand, "restorative justice differs from the existing criminal justice in that it pursues its goals and means, so many theorists of restorative justice have found that the restorative programs they want to practice are uncritically absorbed into the existing criminal justice system, the problem is that it is simply a solution to the problem-solving type of the problem by restoring the victim's damage to the victim. Therefore, in the aspect of recovery of the main keyword which is the center of restorative justice, the criminal apologizes for himself and takes a restorative duty, so that the result of his / I must start with. It should not be forgotten that in this process, the promise of restoration of the damage between the parties is the starting point for restoring the relationship, not the purpose of distressing the sufferer.