In the New York Times magazine article, “Can Forgiveness Play a Role in Criminal
ID: 368581 • Letter: I
Question
In the New York Times magazine article, “Can Forgiveness Play a Role in Criminal Justice,” the author describes a situation where restorative justice techniques apply to homicide. Discuss the role, if any, that the victim’s family should be allowed to play here. Can restorative justice adequately address the need for accountability in this case? If the offender and victim were instead ethnic minorities from a lower socio-economic neighborhood, would restorative justice have been available to them?
Explanation / Answer
In the New York Times magazine article, “Can Forgiveness Play a Role in Criminal Justice,” the author describes a situation where restorative justice techniques apply to homicide. Discuss the role, if any, that the victim’s family should be allowed to play here.
As we understand it is the court, the stat which awards the punishment to the offender. But In reality the crime has been committed by the offender towards the victim or/and the family members of the victim. Hence it is more important for the family members (in case of a homicide) to be satisfied that justice has been met. Hence the role of victim’s family is prime (even above law). If the family feels that the decision is harsh, they don’t wish to lose a life for a life, they think the offender feels guilty and is ready to correct his wrongs in other ways to serve the society, then the family’s decision should be upheld rather than enforcing a bookish, constitutional, state-driven verdict just for the sake of a harsh verdict. The offender also has an equal right to live, to defend himself. What if the victim was an offender, how would the victim’s family behave in that case.
Can restorative justice adequately address the need for accountability in this case?
Yes Restorative justice can also address the need for accountability. Suppose that the offender committed the homicide in a state of inebriation and even the victim was at fault by picking the fight, creating ruckus, got hurt and died accidently during the fight etc. Then there is no point in awarding a harsh sentence. If the family members find it right, they can resort to restorative justice in ways such as the offender is willing to take care of the financial needs of the family due to such untoward incident or may be to do a bigger repentance by performing a bigger and more kind social deed.
Restorative justice is built on the premise of accountability of the offender, a fair and honest discussion between parties, and ability to see larger picture (+ kindness) by the victim’s family.
If the offender and victim were instead ethnic minorities from a lower socio-economic neighborhood, would restorative justice have been available to them?
Yes, just because of minority community or low socio-economic status or any reason for that matter, the restorative justice can be denied. It is upto both the parties, their lawyers to find a right and justified approach to settle the case.