Restorative Justice and Witness Support Quiz

Restorative Justice: Addressing Shortcomings and Offering Support to Victims

• Oldest theories of criminal justice rooted in religious and theological ideas, viewing criminal offenses as 'sin' and focusing on punishment.
• Utilitarian deterrence approach justifies state's use of force to obtain obedience and focuses on pain and suffering as deterrence.
• Rehabilitation approach views offenders as patients or victims, emphasizing treatment and social environment as causes of crime.
• Restorative justice (RJ) addresses shortcomings by focusing on social protection, deterrence, and offenders' responsibility without using punishment as a lesson for others.
• RJ offers victims a different approach by placing them at the center of the process, focusing on community safety, and potential to diffuse emotional situations.
• RJ can be combined with traditional sanctions, such as protection orders, and can empower and satisfy various victims.
• RJ can reduce recidivism, but its effectiveness depends on implementation, preparation of parties, and capability of the facilitator.
• Application of RJ on serious violent crimes in South Africa: RJ can achieve deterrence, crime reduction, and rehabilitation, and can be used in conjunction with imprisonment.
• RJ should be a voluntary process, as it may not work for all victims or all types of crimes.
• RJ does not minimize the seriousness of the crime, but aims to free the victim from hatred and pain and allow the offender to take responsibility.
• Some victims want punishment and an apology, and RJ addresses the need for the offender to understand the impact of their actions on others.
• RJ does not aim to minimize the seriousness of the offense, nor does it mean that the perpetrator must be let off the hook.

Improving Witness Protection and Support in the Criminal Justice System

• Witness protection measures include CCTV, one-way glass for identification parades, and bail orders forbidding interference with witnesses
• Fear of reprisal reduces reporting levels of crime, and medical assistance, emotional support, and trauma counseling are provided
• Rape victims receive medical assistance, ARV's, and perpetrators are tested for HIV with PEP available in certain circumstances
• Police officers have a legal duty to inform SGBV survivors about obtaining PEP for HIV as soon as possible
• Specialized units like Family Violence, Child Protection, and Sexual Offenses Unit provide private and secure environments for victims during investigations
• There are 56 designated sexual offenses courts (SOC) specializing in hearing sexual offense matters with special victim support services
• Thuthuzela care centers provide acute medical care, forensic examinations, PEP, counseling, and support for victims
• Child witness/child advocacy programs assist child victims in preparing testimony and reduce secondary victimization
• Vulnerable victims and witnesses face hardships amplified by increased vulnerability, influencing their interaction with the criminal justice system
• Disabled children are more likely to be abused and may require interpreters and intermediaries for testifying
• Creating a new category of witness declared 'vulnerable' could reduce secondary victimization and improve their treatment
• Objectives of restorative justice include supporting victims, repairing relationships, denouncing criminal behavior, encouraging responsibility, and identifying forward-looking outcomes