Restorative and Punitive Criminal Justice System
Criminal law is that body of rules that defines crimes, treats for its punishments, and provides for the time of action of applying these said rules in certain and specific situations. This branch of law specifically deals with all forms of crimes. It makes sure that the penal provisions are clear, specific, and comprehensive enough to punish criminals and administer justice to the victims and society. Either commission of acts that the penal law prohibits or omission of a conduct that the penal law mandates one to perform consists of a crime. These violations of criminal law are not only against the rights of the private individuals considered as the victims but they are also chiefly against the rights of the general public or society represented by the government. In the criminal justice system, the government prosecutor who takes charge of handling the case against the defendant represents the victim, both the state and the private complainant.
Criminal law has two famous views that are akin to the carrot and stick formula. The stick aspect of the penal law is by its punitive and retaliatory character. Most nations today nevertheless to pay attention to this characterization of criminal law. already in progressive countries, some penal laws are nevertheless highly punitive in character. The punitive aspect of these laws is manifested by way of providing most if not purely punishment only to those who violated these penal provisions. Punishment is unavoidable and a natural consequence for violating any law. However, the character of these punishments is mostly in the form of retaliation consequently leaving the convicts no other way of rehabilitation but by the rough form of imprisonment and isolation.
however, some countries are already widely practicing restorative form of criminal justice. progressive nations endeavor to equip their penal system with substantial modes of rehabilitating the person towards a responsible and law-abiding citizen. consequently, although they nevertheless provide for punishments such as imprisonment, the prisons are provided with restorative facilities to restore the person to his good and productive character. The restorative view of criminal law is based on the theory that all individuals are potent forces of society. They are workers and producers for the society consequently their incarceration only serves nothing but retaliation. Instead, restorative or rehabilitative justice ensures that the person is punished not for revenge but for his own sake of transforming him back to being a good, responsible, and productive citizen.
These two different views of criminal law are not thoroughly inconsistent and mutually exclusive with each other. They are in fact marriageable for an integrated system of punitive and restorative criminal justice system. These views are both necessary for an effective legal method to provide and continue peace and order in the society. consequently, some countries have evolved a scheme that amalgamates the punitive and rehabilitative aspects of the criminal justice system. Such that, a person incarcerated for a crime he committed does not only suffer from his mistakes but he is also given the chance to rectify and transform positively into a better, law-abiding, responsible, and productive citizen.