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Restitution Instead of Punishment: Reorientation of Crime Prevention and Criminal Justice in the Context of Development

NCJ Number
134267
Journal
Indian Journal of Criminology Volume: 19 Issue: 2 Dated: (July 1991) Pages: 79-91
Author(s)
H J Schneider
Date Published
1991
Length
13 pages
Annotation
This article proposes that restitution and the resolution of the offender-victim conflict become the featured aim of corrections and the social control system in general.
Abstract
Punishment through imprisonment has not been effective in reducing recidivism for the offender, and it does nothing to rectify harms done to crime victims. Corrections must be reformed so that both the offender and the victim benefit from what transpires. Restitution is the mechanism through which offender and victim can interact for mutual benefit. Offenders can benefit from restitution by having to confront the consequences of their behavior and assume responsibility for mitigating the harm they have done their victims. Such an experience builds self-esteem and responsible behaviors. The victim benefits from the actions of the offender which repair some of the harm done by the crime. The victim may also benefit from learning how to forgive the offender and making a positive contribution to the offender's rehabilitation. The structure for the interaction of offender and victim can be mediation or arbitration, whereby a trained and skilled third party guides the victim-offender interaction to help produce constructive results beneficial to both parties. 17 references