Can we look beyond section/sub-section of law….
Once a person has been found guilty of committing a crime, the judge imposes a sentence, or punishment. Generally, the goals of sentencing are to punish the offender and to reassure society that public safety is restored. At the sentencing hearing, the judge may examine a number of factors about the offender and the crime. Sentencing decisions are restricted to some extent by the maximum and minimum limits specified in statute laws.
The American justice system, like most of those in at least the Western world, is built on an idea called retributive justice. In very simplified terms, it defines justice as appropriately punishing someone for an act that’s harmful to society. In an American-style retributive system, the trial is primarily about hearing and evaluating the case against the criminal.
Norwegian-style ,Restorative justice mostly concern for victims and how to meet their needs, for repairing the harm as much as possible, both concretely and symbolically, it emphasizes healing: for the victims, for the society, and, yes, for the criminal him or herself. It incapacitates a criminal from committing other crimes, rehabilitating criminals to rejoin society, and deterring other potential criminals.
Beyond that, the restorative model encourages offenders to understand the consequences of their actions or to empathize with victims.
In an ideal restorative trial, the criminal will not just be passively punished for his or her crime, but actively take “responsibility for making things right with victims and the community as far as possible.
Norwegian-style restorative justice subverts those human desires for justice and fairness, which does seem to have found success in reducing crime’s cost to society.
Crimes are measured by their damage to society, and it’s society that, working through the court system, metes out in-turn punishment.
The criminals are not primarily wrongdoers to be punished, but broken people to be fixed.
Many of us know Dr Sampurnanand a reformist governor of Rajasthan promoted the idea of Sanganer’s no-bars prison. In this open prison convicts live with their families, go out to work and pay taxes for water and electricity. Dr. Sampurnanand believed that crime should not be looked as an act of revenge but as an act of reformation.
Note: Retribution means punishing an offender to avenge a crime. Many people believe that punishing offenders will deter other members of society from committing crimes and keep criminals from re-offending. Restitution, which requires offenders to pay society back for the injury, loss, and suffering they caused.
Disclaimer: Sorry, I’m not a legal scholar. Information extracted from different sources for educational purposes.
