Final Paper - Restorative Justice Movements Case Study...

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Restorative Justice Movements Case Study: Truth and Reconciliation Commission Catrina Steckler History 587 Professor Miller December 18th, 2018 I. Introduction
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Steckler 1 Dating back to the 20th century, countries who are still in their developmental stages often times have higher turnover rates for administration or are placed in politically corrupt governmental systems. Due to this, there are often revolutions that frequently result in the country being left in turmoil and require reconstruction on their administration, economics, and social institutions. When reconstruction is needed, there are different types of justice which can be considered: retributive justice, distributive justice, and restorative justice. This paper will serve to understand and evaluate the last concept, restorative justice. To evaluate the effectiveness of these movements, there will be a look into the longevity of different approaches. To create a clear and concise understanding, there will be a case study on the Truth and Reconciliation Commission which took place in South Africa post-apartheid. This will aid in understanding the roles of restorative justice movements along with delving deeper into their origin, their social and political restraints, and their effectiveness. To have a better understanding of exactly how this approach works, this paper is constructed in the following way: viewing the history of restorative justice movements, then understanding the economic, political, and social constraints, then to contrasting breadth versus depth approaches, and finally an in-depth case study of the Truth and Reconciliation Commission which will explain the benefits and shortcomings of this movements. The use of restorative justice claims to have a much more efficient effect on bringing justice to its community, and to its victims. In terms of mass genocide or issues which affect an entire country, restorative justice falls short in terms of economic, and legal restoration. II. History of Restorative Justice Restorative justice emerged alongside the victims’ rights movements. This movement essentially pushed for a greater involvement of crime victims in the criminal justice process. 1 1 D. Roche, Restorative Justice and the Regulatory State in South African Townships, (British
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Steckler 2 The beginning of the modern day restorative justice movement began in 1974. A case in Kitchener, Ontario now called the “Kitchener Experiment” was where the idea came about for restorative justice. Two teenagers were required to meet and pay restitution to every one of the twenty two people whose property they vandalized. This created a movement where a number of experiments were then modeled after the Kitchener program. Since then, policies modeled after this program have been put in several jurisdictions including North America, Europe, the United Nations, and the Council of Europe. Most recently, in 2008, the American Bar Association also began offering grants to further develop restorative justice principles in their mission statements, policy plans, or even legislation promoting a more balanced restorative justice system.
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