So with all the complaints and fussing about the situation in our beloved country, what are we doing to curb the rising violence and mayhem? Personally I feel we aren’t very far away form absolute anarchy. To express my feelings on the matter I’ll use a couple of synonyms: pandemonium, absolute chaos, total disorder. Some may feel that I’m exaggerating, but if drastic measures aren’t taken who is to say that we won’t end up like Colombia (no offense against the country or citizens, just stating the facts), with so many murders and kidnappings that those who can afford (what about those who can’t afford) hire private body guards, and have armored cars? T&T ain’t that far away.
But let me not get carried away too much on that, my point is what are we doing to prevent T&T from becoming a lawless nation? My point is, many things need to be done. While I’m definitely not very versed with revolutionary ideas, and proposals, I do have a few, like the rest of us. Since many of my ideas are common, I’ll skip those and proceed to talk about one, which I researched thoroughly for a paper a couple months ago: Restorative Justice. To quote from my research paper:
“The theory of restorative justice is a form of criminal justice that involves reparation to the victim, or affected members of the community by the offender; usually in the form of a community service or monetary payment. Conflict resolution tactics and mediation are at the core of this process. It emerged primarily in response to the strictures of the current, prevailing model of retributive criminal justice and as such provides an entirely different theoretical framework for responding to crime.
It is commonly known that the Criminal Justice System is a highly ritualized one with strict procedures and rules, where a crime is seen as primarily an offence against the state, and where the offender plays a minimal role and the victim has none. It fails to address the needs of those harmed by the offence, and holds the offender accountable through punishment which is seen as paying a debt to society. It is ineffective in reducing recidivism.
Howard Zehr explains how crimes are approached in restorative justice:
“Restorative justice would put the victim and offender at the centre, helping to decide what is to be done about what has happened. Thus the definition of accountability would change. Instead of paying a debt to society by experiencing punishment, accountability would mean understanding and taking responsibility for what has been done and taking action to make things right…the offender would owe a debt to the victim, to be repaid in purely legal terms.”
[1]The theory of restorative justice contradicts the Criminal Justice System by promoting the idea that a crime is primarily a violation of people and interpersonal relationships. Victims and the community have been harmed and need restoration. This is the core principle of restorative justice.”
[2]Basically restorative justice aims at reforming, rehabilitating the offender, so that on being released from prison, back into the society, the offender does not become a repeat offender. Additionally, it has been proven to help the victims of crimes and their families, get over the incident, move on with their lives and even forgive the perpetrator.
Some may not see this as a plan that is likely to have any effect. But restorative justice is a long term plan, aimed at preventing recidivism. As a society, we in Trinidad and Tobago are quite unforgiving, and we do little to help those who are clearly in need of help. To give an example of a “hot topic”: the boys arrested for the Sean Luke incident. Has it been thought that by perhaps, helping the criminals: rehabilitation (who are still people by the way), that we may be helping the situation?
I shall not go further into the wealth of material about Restorative justice, but it suffices to say that restorative justice has been applied to even the most serious crimes. Also, in the course of my research for my paper, I contacted the Victim Offender Mediation Association, “The VOMA”.
[3] Via email, I was able to contact some of the founding fathers, so to say, of various restorative justice programmes in the US and Canada. Imagine my surprise when they indicated to ME, (me, a nobody in terms of state affairs, just a regular person) that they would be pleased to assist in developing restorative justice programmes in TRINIDAD AND TOBAGO! This is just an indication of the fact that others are aware of the situation, and are willing to offer their expertise and assistance to us.
Check out the following for more information on RESTORATIVE JUSTICE:
http://voma.org/index.htmlhttp://wcr.sonoma.edu/v1n1/umbreit.html http://2ssw.che.umn.edu/rjp/Resources/Documents/ZehMik97.PDFhttp://www.disputeresolutionfoundation.com/ENDNOTES
[1] Howard Zehr, 1985, taken from D. Quid and J. Wyne, Victim and Offender Mediation Handbook (England: West Yorkshire Probation Service, 1993).
[2] Kahaya Nanhu, 21 Nov. 2005. Alternative Dispute Resolution: Write a reasoned critique/commentary on the video on restorative justice, in the light of principles and purposes of restorative justice. Consider also whether, in your view restorative justice can be applied to the situation of the Caribbean, stating reasons for your viewpoint.
[3] http://voma.org/index.html.html