J Geethanjali & S Hallaciyanathan, BBA LLB (Hons), The Tamil Nadu Dr Ambedkar Law University - SOEL
ABSTRACT
When a crime is committed, be it theft or vandalism, a harmful conflict occurs between the victim and the offender. When the offender is arrested the mechanism of criminal justice comes into play which is to bring justice and not reconciling the conflict or addressing the harm that happened between the victim and the offender. Through Restorative Justice approach the victim and the offender come together thereby reestablishing the balance that has been offset as a result of a crime by involving the primary stakeholders (i.e., victim, offender, and the affected community). Such processes are flexible and are guided by a skilled facilitator who will create and maintain a safe and respectful environment for participants to communicate in an open and honest way. Furthermore, police and juvenile courts can use restorative justice practices as a diversion strategy or as an alternative-sentencing approach. These practices for juveniles can take place anytime during the legal proceedings. The same can be used as a preventive or conflict resolution mechanism within schools, neighborhood and community-based or residential treatment settings. This approach is very much required because every juvenile’s first crime is usually done because of personal emotions and innocence, which makes the restoration process much better and comparatively gentle to the current Juvenile justice system. This paper focuses on implications of Restorative justice in Juvenile justice system through an empirical study. The core subject of this research is based on 3 groups of people (Lawyers, Criminologists and General public).
Keywords: Restorative Justice, Juvenile Justice, Taking responsibility, Secured environment, forgiveness, enhancement.
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