A Critique of Restorative Justice: Breaking Down Basics and Beyond

Justice is a supreme virtue which is difficult to define within concrete contours. Fairness, equity, good conscience, righteousness, and highest order of morality are some of its essences. State and its Criminal Justice system owe equally to victims, responsible parties, and the affected communities. With the development of distinction between criminal wrong and civil wrong, owing to severity of the crime, State took over prosecution under parens patriae. Intent was bonafide. But soon the property in conflict was also taken over by it. Victims were doubly jeopardized as they were at the receiving end of the wrath of crime as well as neglected by the State to offer sufficient services for them to overcome the injuries that resulted from the harm. Hence, studies on restitution reached the forefront to see how law and society can protect victims from victimization and revictimization. Research on restorative justice were conducted to see if improvements can be made in the criminal justice system to address the needs of victims, offenders and affected community. However, in the process, certain limitations were also encountered, and suggestions have been put forth to control the shortcomings of restorative justice system.