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  • Essay / The judicial system - 1031

    1. The purpose of a justice system is to balance the disproportion of power that occurs after a crime. When a crime is committed, the perpetrator gains power by taking the victim's sense of security. This system should combine retributive justice and restorative justice in order to satisfy everyone involved in the crime. For example, after the crime, the perpetrator must be punished fairly and explained to him why his act was wrong. The victim will need to turn the page and find a way to resume their daily life after their ordeal.2. The current criminal justice system in Canada is retributive. This means that punishment, such as a prison sentence, is the preferred means of removing power from the perpetrator of a crime. The major criticism of this system is that the victim is never involved in the process. This is a problem because the victim is never able to talk about the emotions caused by the crime. By repressing these emotions, the victim is never able to move on or forgive the abuser. Not forgiving is also a problem for the perpetrator who may feel guilty about what they have done and not be able to express this guilt to the victim.3. Restorative justice processes attempt to provide both the victim and the perpetrator with closure. These processes also attempt to get both parties to forgive the crime committed. It does this by placing the victim and perpetrator face to face with a mediator to resolve the issues. However, this type of context would only work if the perpetrator felt remorse for the crime they committed. For example, mediation would not work in a case of premeditated murder because the murderer intended to kill the victim.4. Truth and reconciliation commissions are... middle of paper ...... existing again, and that is something this Commission has been able to accomplish. Works cited Henri, Yazir. “Reconciliation: a personal and public journey of testimony before the South African Truth and Reconciliation Commission. » Political transition: politics and cultures. Ed. Paul Gready. Virginia: Pluto Press, 2003. 262-275. Print.Pellett, Gail. "Facing the Truth with Bill Moyers". Movies on demand. Ed. Vanessa Procopio. 1999. University of Ottawa. Accessed January 21, 2014. Web.Tutu, Desmond. Foreword by the President. South Africa Truth and Reconciliation Report. Flight. 1. By Desmond Tutu, Alex Boraine, Mary Burton, Bongani Finca, Sisi Khampepe, Richard Lyster, Wynand Malan, Kjoza Mgojo, Hlengiwe, Mkhize, Dumisa Ntsebasza, Wendy Orr, Denzil Potgieter, Fazel Randera, Yasmin Sooka and Glenda Wildcshut. South Africa: np, 1998. 1-23. Print.