ACDP ISSUES- Restorative Justice

Restorative Justice - when criminals make amends

There is hardly a person in South Africa that has not had their lives touched by crime. Besides the trauma experienced by victims of crime, juvenile offenders are often exposed to horrific abuse and the risk of contracting HIV in prisons. Yet there is a way forward.

Leading the way is ACDP MP and spokesperson on Justice Matters Steve Swart, who recently addressed the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders on restorative justice.

Working closely with Washington-based Christian NGO Prison Fellowship International to develop the ACDP's restorative justice policy, Steve's approach seeks to maintain the balance between punishment and individual responsibility on the one hand, and reparation and restoration of both the victim and offender on the other.

Up to now, crime victims have felt excluded, merely having to give evidence. Restorative justice seeks to include victims in programs that allow them to explain to the offender the effect that the crime has had and then work towards restitution for the harm caused.

"This victim-centered approach provides for restitution not to the State, but to the victim of crime," says Steve. "These offenders are held accountable for their actions and even though they may have limited financial resources, some form of repayment to the victim or community service is considered."

Restorative justice not only encourages the offender to make amends, but also to accept blame for the harm caused by the crime. "By accepting blame at the outset and acknowledging that they were wrong, lengthy criminal trials can be avoided," says Steve.

Critical to the policy, is that children should not be kept in over-crowded prisons where they may be abused in 'universities of crime'.

"As a young prosecutor I once dealt with a child offender who had been sodomized in prison. Sadly, on a recent visit to prisons in the Eastern Cape, I was again faced with a child who had been similarly abused in prison. It is crucial that these non-violent child offenders are diverted away from prisons and taught the life skills necessary to enable them to play a meaningful role as law-abiding citizens.

"In line with Biblical principles, this would only apply to juvenile offenders that have committed property offences, and do not pose a threat to public safety, which is a prime consideration in view of the high crime rate. Serious crimes such as murder and rape will follow the normal criminal justice procedure."

(From Christian Democrat magazine Issue 1 2003)
http://www.acdp.org.za/index.php?page=issue3