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Restorative Justice, The Enemy Of Retributive Justice

Savo Heleta - 11/7/2010

We lock them away every day and every second day they escape the clasps of Justice. In their wake they leave a deathbed of violence and destruction. Criminals are found through out society and no society has been able to deal with the issue, no society has achieved a utopia, more so the society who embraces retribution.

A serial murderer is convicted for 'x' amount of years without parole and society goes hurrah in support of Mother Justice, blind as she may be, she still cries. Justice is not given and multiple families are left to pick up the pieces. A rapist takes away the innocence of a child and gets a holiday in prison, receiving parole after 10 years.

Society as a whole must look closely at our current system of justice, as it does not decrease crime or heal the deep wounds created by this crime. Surely a criminal must not be left off the hook? Surely they have a debt to repay?

This debt can not be repaid back whilst holidaying with the 26's (rapists), 27's (thief's guild) or the 28's (murderers). The cycle of crime is merely perpetuated through this cycle of retributive justice.

Whilst I as a Citizen of the Republic advocate (in the short to medium term) the death penalty to bring the situation under control, medium and long term changes to the justice system will see a marked change in crime levels which plague this blessed and cursed nation.

A teenager steals a chocolate from a supermarket, the supermarkets policy is staunch, it wants the teenager prosecuted, so the current justice system takes it course, the teenager is given a strike one. Since the teenager who just wants some chocolate but lacks the money to buy this, steals again they receive strike 2... of course you know where the story goes. The child is now a declared a hardened "thief" who must spend "x" amount of time behind bars to "repay" his debt to society, but is he? Of course not, the teenager who is now a adult and filled with animosity for his fellow citizens (due to a failing
of the system) is taught through the 27's (thief's guild) the in's and out's of stealing, but ignoring this teenager's (now a adult) need for a simple chocolate bar society has produced a hardened thief.

The above story shows how lax our justice system is, it shows that retributive justice perpetuates the cycle of crime. Instead of taking the teenager and making them repay their debt to society on the "outside" and helping the teenager see the ill's of their actions through support and love.

By now the vengeful, individual member of society is calling not only for my blood but the blood of the "criminal". "Crime must be punished" they say, "Let off criminals and the streets will run amok" they cry. But is this true? High level criminals such as Jackie Selebi, Jacob Zuma, Brett Kebble or Glen Agliotti (and the rest of the crime lords) use high profile lawyers and money to get out of jail. These criminals far from repaying their debts to society are seen walking our streets unhindered.

By allowing a restorative justice system to replace the old inefficient one, the streets will be safer and the characters of individuals strengthened. By allowing systems of restoration to take their course we will have a safer South Africa.

So how does this work ? how does a murderer or rapist repay their debt. Well it starts with the victim, how will the perpetrator be allowed to repay their debt in full, be it in money terms or by any other means that the victim sees fit. (You will not expect a child who steals a chocolate bar for R5, to repay the corporation R50; this is unbalanced justice).

This means the criminal will have to take responsibility for their actions, they will have to come to the party if they truly want their freedom. Rehabilitation of course will be monitored closely and certain freedoms will be put on hold for sometime (once again the crime and victim are taken into account), until the victims heart, mind and spirit are satisfied that the debt has been repaid. (A rapist would need to do a lot in order for the victim to be satisfied that justice has been served.)

Of course for those who are beyond rehabilitation the death sentence awaits. Prison can no longer be seen as a rite of passage or a holiday, courteously of society. Prisoners who are beyond rehabilitation must be separated from each other, their disease is infectious. (Due the actions of the Citizen, knowingly and willing they have to conform to the Constitution of the land, a living
document and a living contract. Societies through out the world abhor murder and rape, humanity has the innate ability, conforming with a global consensus what is moral or immoral.)

Whilst this debate is not perfect, as no debates are, we should have it. We should make every endeavor to change the current system or face the grim reality, the reality we currently have of being a society filled with serial offenders who have no regard for the sanctity of human life.