“competing perspectives”

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The focus of the criminal justice system and scripture sometimes align but not always.
Sometimes there are “competing perspectives” in the criminal justice system but there are
certain “Biblical Perspectives,” as well, one of which is restorative justice.
Restorative justice focuses on restoring the victim by making the offender compensate the
victim for the wrong and adding some punishment. Numbers 5:6–7 highlights this principle very
well. “Say to the Israelites: ‘When a man or woman wrongs another in any way and so is
unfaithful to the Lord, that person is guilty and must confess the sin he has committed. He must
make full restitution for his wrong, add one fifth to it and give it all to the person he has
wronged” (NIV 1984). There is also a secondary emphasis of reintegrating offenders back into
society.
However, the topic of this course is Criminal Procedure. By nature, criminal procedure is “rights-
based.” This is because much of the law comes from the Constitution, which was drafted to
enumerate the powers of government. This limits government behavior to only those listed
powers, but the Constitution also clearly lays out some rights (but not all) of states and citizens,
particularly certain criminal procedure rights. As such, it can be said that criminal procedure
focuses on the offender’s rights and government behavior.
Based on your practical and educational experience, what is the focus of the criminal justice
system, restorative justice, or criminal rights? Give specific examples. Can these seemingly
competing perspectives be better harmonized?

 

Sample Solution

How can the concept of restorative justice be understood, and what are the underlying values and principles at the heart of this approach? Restorative justice refers to a way of responding to crime, or to other types of wrongdoing, injustice or conflict, that focuses primarily on repairing the damage caused by the wrongful action and restoring, insofar as possible, the well-being of all those involved. It reflects a more relational theory of justice because it emphasizes the restoration of respect, equality, and dignity to the relationships affected by wrongdoing. Restorative justice is called ‘restorative’ because it employs restorative processes. Rather than deferring all responsibility to the state or to legal professionals, it aims to engage the immediate participants in resolving the harm.

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