Conflict resolution is defined as formal and informal methods through which two or more parties are brought to peace by coming up with successful and peaceful solutions concerning the disputing issue. The process intends to focus on the various techniques that can be used to bring the disagreeing parties to a common goal. In order to achieve this goal, the parties are involved in a process of listening, communication and layout of ideas together. Morality which is referred to as the principles that concern the ability of an individual to distinguish between the right and wrong behavior is important in avoiding and preventing the occurrence of conflicts. Therefore, the promotion of morality will help in peace promotion and keeping the population in obedient. Besides a population being law-abiding, morality as well helps people to treat their mates in the society with respect and dignity. The principle of restorative justice focuses on combating crime which causes harm, justice, therefore, becomes relevant in repairing the harm caused by crime. The program, therefore, helps the affected participants to take place in the resolution. Restorative justice also seeks to participate, understand and address or take action in the circumstances that contribute to crime in the society. Based on some research findings in the meta-analysis, restorative justice programs have been found to be more effective in improving the relationship and satisfaction between offenders and victims thereby increasing offenders’ compliance and lowering recidivism of the offenders when the situation is compared to traditional responses to criminal justice.
Is the approach taken by ICC a retributive approach to conflict resolution
The International Criminal Court allows a balance of retributive and restorative justice. Retributive is a kind of punishment that is given to offenders after breaking the rules of law set by the authority. This type of punishment limits the right of the offender and requires him or her to suffer in return of crime. The approach holds that the response to the crime should be proportional to the offense done. The reason that accompanies retributive justice is to serve a good example to others in the community against crime thereby preventing the chances of future crime both in the community and to the offender as well as a way of rehabilitating the offender by changing behaviors (Garbett, 2017). The system aims at repairing the harm done by the offender to victims through building their relationships as well as maintaining the good relationship between the offenders and the community by solving the problem built after the crime. This process of justice administration is sensitive to all parties involved since it seeks to understand the arising matters that resulted in crime and thereby finding solutions to the situation. This helps in accepting back the offender in the community in peace after a solution is declared.
Restorative justice administration technique exercised by the ICC involves three main pillars, that is, encounter, amend and reintegration as a way of considering the community through victim participation system. The first encounter pillar involves having contact and experience between the victim and the offender. This marks an important step when the two participants meet for an agreement in justice practice. The rule in this process declares that the meeting between the two must be voluntary on the side of the victim. This is because some forced meeting between the two groups may be unsuccessful. In some situations, the meeting may involve a substitute when the victim is really unwilling to meet the offender. This meeting, therefore, creates a free zone of communication where both the victim and the offender attains a chance to talk to each other about their experience in the crime, the involved harms and the effect on their lives that might have resulted from the crime (Bazemore & O’Brien, 2002). The conversation happens on legal language including expression of emotions which is one of the important factors that help in understanding the case. The discussion between the victim, offender, and other participants opens up space and afterward becomes essential in a collaborative problem-solving system which accounts to the major aim of restorative justice exercise. Finally, an agreement is made between the two parties which play a part as the case resolution. The agreement generated in this case helps in the restoration of a relationship between the offender and the victim thereby becoming an important aspect of building a community relation.
The second pillar accounts for the amends made by the offender. The amends is usually from the encounter outcomes and this is what that heals the offender and the victim rather than punishing the offender. Some of the likely amends by the offender to the victim is making an apology concerning the crime. The amends in most of the cases come from the victim as an answer to what he deserves from the offender. In most criminal court conflict resolution, the victim is asked to tell about what they want. Some of the responses, in this case, include the restoration of property in cases of theft or payment of penalties and damage in cases of law break and material damage respectively (Garbett, 2017). Prison sentences in some situation may be the agreed solution to crime as a measure to safeguard society. The terms of judgment and solution disclosure are always compatible with the criminal case resulting in a retributive pay of the crime.
The last pillar of reintegration involves the process of taking the offender back to social life. After the restoration of the offender morals value through encounter, resolution, and amends made, they are taken back into society as productive people. This helps them to get back to their transformed and normal life in the community. On the side of the victim, crisis intervention and solution helps them to minimize their stress about the crime and rather build their relation thereby resuming back to normal life (Bazemore & O’Brien, 2002). Restorative justice, therefore, function best to stabilize society and make the victims feel cared for and secure rather than feeling depressed, shameful or guilt. A successful function of the three ICC pillars, therefore, allows the exercise of a restorative justice practice system to be a retributive approach to conflict resolution.
10th annual international European Forum for Restorative Justice (RJ) and the course concepts
If I had a chance to attend the 10th annual International European Forum for Restorative Justice (EFRJ) I would be an excited participant ready to learn more about victim-offender mediation among other practices related to restorative justice. Some of the concepts I would require to learn to include Restorative justice for youthful offenders and realities and visions concerning restorative juvenile justice. The reason behind the choice of these learning areas is based on the challenges faced by the youths and children when it comes to the handling of their criminal activities. Crime occurs as a reason for various challenges. According to my perception, I do not recommend equal handling of criminal cases done by a juvenile to that performed by an adult. This is because crime cases such as theft by a child mean failure of the society as well as the parents to the child. Parental neglect is an important factor of consideration when it is related to the involvement of the neglected child to criminal activities. In my lesson, I would also be eager to learn about the arguments made concerning the handling of juveniles in the cell together with adults. This is because comparing to the situations surrounding the environment such as violence between criminal themselves and as well between the guards can have some impact on the survival of the juveniles in prison.
When it comes to the reality and visions of restorative justice, I would like to learn more about the strategies and principle set to handle criminals in the prison and most preferably to the youthful offenders. The reason why am basing by lesson to the youth is that they are likely to have a longer life in the outside community when compared to the aged prisoners. In the study, I would like to listen to the visions set to the youths based on their reconciliation programs and conflict resolution strategies. This might have a great impact on the lives of the young when they get out of prison. As Wallace projects in his prison experience, he projects more about protecting the life of the young while in prison and this can be through protection of the weak and looking at the life of an individual while at their young age (Wallace, 2016). This is because of the advice and instructions were given to individuals at their young age impact a great result on the life decisions made.
According to Mr. Reisel, should we lock up and warehouse the evildoers or we can regrow morality
In reference to Reisel story about neuroscience and imprisonment, locking criminals in jails is not as important as growing their morality. He explains more about the change of brain and society as a way of reducing criminal activities and settling crime disputes in a more relevant manner. In his study about psychopaths diagnosis for most regressive influencing behaviors, he says that the aggressive condition of a person continues to grow when they ate locked up in cages since there is a low rate of brain cells growth and development. In Reisel’s research, he tries to figure out the neurological cause of aggressiveness in a person and the cure to this condition.
Brain cells growth and development has an interacting relationship to emotional change of a person. Development of a region found deep in the brain known as Amygdala is key to the ability of an individual to understand and share their feelings with other people. Slow development of this part of the brain has a related effect to emotional reactions which results in the aggressiveness of an individual (Reisel, 2014). The more empathetic a person becomes, the more active he and therefore comparing this situation to the locking of prisoners like Jaw who has been captured in the story among others is not important. Building the ability of these people to distinguish between the right and wrong is the key aspect of helping criminals change their behavior and mindset for the benefit of society and themselves.
Exhausting aspects of implementing successful restorative justice (RJ)
The main idea of conflict resolution is meeting an agreement that satisfied both parties affected by the case. When the disputing case is solved, then both the victim and the offender break the bad relationship and turns to a new life. According to my opinion, some of the interesting solutions towards implementing RJ include peer teaching of criminals with an intention of building their morality, creation of a free zone in prison where people can interact and share their minds as a way of growing their mind and learning how to handle their emotions when in technical situations (Lyubansky, 2016). Take appropriate care of children during their young age is another way of preventing criminal acts in the community since they will grow with the knowledge of defining the right from the bad. Separation of prisoners with ranks of ages, for example, the juveniles and the adults is another aspect of saving young life while in prison and this can also serve as a way of building their future life after prison.
Restorative justice (RJ) targets at shaping the life of criminals in the society by correcting the wrong and showing them directions of distinguishing their emotional changes which are a key factor in conflict. RJ is also a technique is a process that involves the offender encountering a conversation with the victim during resolution. The sharing of crime experiences between the two parties assist in creating a positive mindset and taking away the negative emotional acts. The process also involves the offender ensuring the stated amendments are meet as a way of resolving the criminal case and final after the agreements and amendments are meet, the offender is ready for reintegration into the community as a constructive person. Solving a conflicting action with punishment can never be the best solution to solving a dispute but building and growing the mind of the offender impacts great changes and benefits to the person and to the society. This action is as well the best way of preventing the crime to happen again. Therefore, locking offenders in cages is identified among the factors that worsen their condition due to the slow and low rate of their brain development which is associated with emotional changes. Having community connections such as complete of studies to children, community services and job opportunities are some of the social factors that can prevent the youths from being engaged in criminal activities such as murder and theft which results to imprisonment.
Wallace, J. (2016). An insider’s plan for rehabilitating the juvenile justice system. TedX
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Newton, D. (2016). Restorative Justice and Youthful Offenders. FBI Law Enforcement Bulletin
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