Constitutional or Legal Issue that could Arise with the Application of Restorative Justice.
\nRestorative justice began towards the end of the ’70s.
\nIt offers a room for discussion between the victim and the offender to assess the impact of the crime as it gives chance for compensation to the involved parties.
\nRestorative justice ensures both the victim and offender benefits by supporting the need to embrace ethical values and principles.
\nRestorative justice aims at mediating the offender and victims involved in a murder case (Johnstone, 2013).
\nMany ethical, constitutional, and legal issues may arise due to the adoption of restorative justice.
\nBrutal killing is one of the significant legal issue that may raise a concern when restorative justice programs are used to solve the matter.
\nBrutal killing is a serious crime that should be severely punished.
\nKilling another individual brutally is considered a crime by law because the perpetrator failed to consider their moral obligation to respect the right of life of the victim.
\nHowever, restorative justice programs may try to mediate between the affected victims and the murderer.
\nAccording to Johnstone, 2013, handling brutal murder issues through a restorative approach gives the affected victims a chance to situations that triggered the case in the process assessing the relevance of the perpetrator\u2019s conviction.
\nAccording to ethical and legal considerations, the murderer should be given punishments and penalties in the same magnitude the victims are affected.
\nLegal and ethical considerations affect the restorative justice approach significantly.
\nAccording to the law and Kantian ethical theory, a person has a moral responsibility to act in an ethical manner.
\nFailing to perform a moral obligation should hold people accountable for their acts (Braswell et al., 2014).
\nBrutal murder is a form of ignorance and disobedience of the laws and the rules of the land, thus, should be severely punished.
\nUtilitarian ethical theory pinpoints that an act should be considered ethical if it results in a high benefit to many individuals.
\nThe offender\u2019s action in the brutal murder leads to harm in many family members, thus, signifying the wickedness of the committed offense.
\nWith respect to utilitarian theory, brutal murder is a criminal and act and is punishable by the law.
\nBut the restorative approach mediates between the two parties and may allow the offender to go Restorative action allows the compensation of the harms that are as a result of an unethical act.
\nThe perpetrator should take full responsibility after causing damage and harm to the victim, according to Kantian theory.
\nRepairing the damage caused to the victim through monetary or in-kind offers is a way of the perpetrator taking responsibility for their unethical actions.
\ncrimes such as murder do not permit restitution due to the irreplaceable value of life (Braswell et al., 2014).
\nBesides, killers are a significant threat to many individuals in the community.
\nThey call for severe punishment to the offenders of such crimes and not just a mediation.
\nUsing a restorative approach to handle brutal murder cases becomes a legal and constitutional issue based on ethical considerations on the crime.
\nunpunished.
\nSometime, restorative justice programs be considered unfair as they not fully address the needs of the victim.
\nVictims may be afraid of being part of the program (Choi et al., 2012).
\nThey may be pressured to participate and accept the result,
\nsome affected victims may show re-victimized feelings during the restorative justice processes.
\nIn some cases, the victim\u2019s needs may be downgraded and re-victimized through restorative program (Van Camp & Wammer, 2013).
\nThe affected murder victim may accept the restorative results due to fear and anxiety.
\nReferences
\nChoi, J. J., Bazemore, G., & Gilbert, M. J. (2012). Review of research on victims’ experiences in restorative justice: Implications for youth justice. Children and Youth Services Review, 34(1), 35-42.
\nEdwards, B., Braswell, M. C., McCarthy, B. R., & McCarthy, B. J. (2014). Justice, Crime, and Ethics.
\nHamlin, J. B., & Hokamura, A. (2014). The cultural context of restorative justice: Journeys through our cultural forests to a well-spring of healing. International Journal for the Semiotics of Law-Revue internationale de S\u00e9miotique juridique, 27(2), 291-310.
\nJohnstone, G. (2013). Restorative justice: Ideas, values, debates. Routledge.
\nMaher, J. (2014). Restorative Justice: An essential component to the legal system.
\nMarshall, C. D. (2020). Restorative justice. In Religion Matters. Springer, Singapore.
\nVan Camp, T., & Wemmers, J. A. (2013). Victim satisfaction with restorative justice: More than simply procedural justice. International Review of Victimology, 19(2), 117-143.<\/p>\n","protected":false},"excerpt":{"rendered":"
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