Topic > restorative justice - 1869

1 Introduction1 1 Research questionBurchell states that “restorative justice processes […] are gaining support in South Africa” suggests that restorative justice could be the new viable approach sought to address the growing pressure on the criminal justice system. The veracity of this statement will be evaluated in this research assignment, through a discussion of the definition and benefits of restorative justice. Subsequently, the application of restorative justice by the courts in various cases will be carefully examined in order to provide evidence that restorative justice processes are widely supported by the court. Finally, the integration of provisions relating to restorative justice processes into legislation and enabling policies will be discussed.1 2 BackgroundSouth Africa recently celebrated twenty years of democracy. However, crime statistics indicate that there is cause for concern. According to Burchell, the criminal justice system is under great pressure, especially regarding prison overcrowding. Furthermore, Maepa says there is evidence internationally that the use of increasingly harsh punishments is relatively unsuccessful in preventing crime. The Inspector of Prisons (Fagan) stated in his 2003/2004 annual report that South African prisons had become “universities of crime”. It is clear that a different approach is needed to fight crime and reduce overcrowding in prisons. As mentioned above, restorative justice may be the solution suggested by Burchell.1 3 Definition of restorative justice Restorative justice supports the idea that crime prevention is best achieved through social integration, as opposed to ostracism and harsh punishments. This p...... half of the document ...... sistema.3 5 National policy framework on restorative justiceThe Justice, Crime Prevention and Security cluster has decided to adopt the restorative justice approach as a response to the challenges that the criminal justice system must address. It was decided that the Cluster should increase the number of cases concluded through the use of diversion and alternative dispute resolution mechanisms. The need for such a framework is a result of the State's consideration of tackling crime in a targeted and coordinated way, increasing community participation in the criminal justice system, providing victims with better support and supporting and reintegrating offenders in society. The framework makes it clear that restorative justice is simply a paradigm shift that aims to integrate and improve criminal justice practices so that all citizens have access to justice.4 Conclusion