NationStates Jolt Archive


Draft: Restorative Justice Program Act

Hida Gwaii
08-03-2007, 15:57
Resolution: Restorative Justice Program Act
Social Justice
mild

Most if not all U.N member nations have a justice system that is 'retributive' in its process of assiging guilt to an offender of a crime. However, even though this system tries to 'punish' these offenders in the name of the victim mostly every side walks away from the justice framework with questions or frustration and thus makes them weary of the system again. Likewise in actuality the justice system is not created by U.N member states for the purpose of the 'people' but to maintain and uphold the justice system or systems that is apart of the U.N member state.

A new justice system thusly should be created to replace the retributive Justice system that is implemented in many U.N member-states and/or have both Justice Systems working together along with other justice systems that may be apart of U.N member-states to ensure that Justice is served to the victim and to also heal the people that are apart of the process to ensure that they maintain a voice within the justice process.

Restorative justice is a justice system that focuses on crime as an act against another individual or community rather than the state. The victim plays a major role in the process and may receive some type of restitution from the offender. In Restorative Justice occurs victims have an opportunity to express the impact of the crime upon their lives where they can then receive answers to any lingering questions about the incident, and to participate in holding the offender accountable for his or her actions. As well to remain balanced in the Restorative Justice framework the offenders can tell their story of why the crime occurred and how it has affected their lives. They are given an opportunity to make things right with the victim.

This resolution acknowledges that Restorative Justice is based on indigenous communities ideology and their own justice framework that they had created before U.N member-states came into being.

However, Restorative Justice is not a justice system just for indigenous peoples and thusly non-indigenous and indigenous peoples can take part in these Restorative Justice systems to maintain balance between the offender and victim, and to heal all sides that have been offended or harmed by the offence, including the offender.

Restorative Justice is not effective or suitable in some instances. For example where the offender does not admit guilt or has no remorse for his or her crime cannot enter into Restorative Justice as it will not result in any progress and may harm the victim again, especially if the offender has no remorse.

Restorative Justice must remain entirely voluntary for both the victim, the offender and other 'people' who would take part in the Restorative justice format.

In conclusion, Restorative Justice can heal both the victim and offender in crimes that are committed within U.N member states and will thus decrease the incarcarated population within U.N member states prison system and will restore confidence in the justice system of the U.N member states. However, this system is on a nation-state voluntary method and does not need to be accepted by U.N member-states if they do not want to.
Cluichstan
08-03-2007, 16:14
However, this system is on a nation-state voluntary method and does not need to be accepted by U.N member-states if they do not want to.

If you make it completely voluntary, it's an illegal proposal.

If you make it mandatory, we will oppose most vehemently. Run your criminal justice system the way you want, and we'll run ours the way we want.

Respectfully,
Sheik Nadnerb bin Cluich
Cluichstani Ambassador to the UN
Hirota
08-03-2007, 16:31
This is an essay, and just copied and pasted from wikipedia. (http://en.wikipedia.org/wiki/Restorative_justice)

You've ahem...."written" a lot of rhetoric on the topic, but not actually proposed anything. You've just said nations could implement this if they wanted to, which they could anyway without a resolution.
Hida Gwaii
08-03-2007, 17:09
I have not taken anything from Wikipedia. Restorative Justice is a main argument in a FNAT (first nations) course that I am doing that I am preparing to go as a Masters. So I would like to ask you to refrain from making suggestions until the facts are known.
Cluichstan
08-03-2007, 17:11
I have not taken anything from Wikipedia. Restorative Justice is a main argument in a FNAT (first nations) course that I am doing that I am preparing to go as a Masters. So I would like to ask you to refrain from making suggestions until the facts are known.

OOC: After reading the page to which Hirota linked, I must say, you paraphrase quite poorly.
Altanar
08-03-2007, 17:38
This resolution needs to be rewritten more in your own words, and severely edited. It's way too long and rambles too much.

As far as the idea, we like the concept of restorative justice, but do not feel that this is something that should be imposed on unwilling nations. Justice systems are inherently a national matter, in our view.
Retired WerePenguins
08-03-2007, 17:58
"Restorative Justice" sounds a lot like "Civil law" to me. As such it should suppplement criminal law, not replace it.

Besides I don't think it can fit into a UN category. That's a major problem in and of itself.
Ariddia
08-03-2007, 18:08
OOC: Hida Gwaii, are you an supporter of Laisenia Qarase, by any chance? Just a few days ago I was reading his views on restorative justice.
Hirota
08-03-2007, 18:10
I have not taken anything from Wikipedia. Restorative Justice is a main argument in a FNAT (first nations) course that I am doing that I am preparing to go as a Masters. So I would like to ask you to refrain from making suggestions until the facts are known.Restorative justice is commonly known as a theory of criminal justice that focuses on crime as an act against another individual or community rather than the state. The victim plays a major role in the process and may receive some type of restitution from the offender.

Restorative justice is a justice system that focuses on crime as an act against another individual or community rather than the state. The victim plays a major role in the process and may receive some type of restitution from the offender.

Identical bits in bold - there are lots more which anyone can go and see. So you either copied it from wikipedia, (or another similar source), who whoever did the wikipedia article copied from the same source as you. Either way, it's not your own work.

OOC: It's not a big deal, although you'd be in serious trouble if I was your assessor. ;)

Back IC: You need to address the objections raised by everyone by writing a resolution rather than an essay. If you need help with that we can help to varying degrees. Moreover, you need to write a resolution which is likely to get greater than 50% of the total votes. You've had objections from many nations on here because they don't think the UN has the right to interfere. You need to make it soft enough for a majority to stomach.
Pilot
09-03-2007, 00:51
In this case, I'm afraid I have to agree with our crab-like friends from Cluichstan. This is not an area where the U.N. should have jurisdiction... there are already a basis of rights for criminals established by resolutions currently on the books. If this doctrine is translated into a resolution, Pilot will oppose it.
Cluichstan
09-03-2007, 13:53
In this case, I'm afraid I have to agree with our crab-like friends from Cluichstan.

Crab-like? :confused:
Hirota
09-03-2007, 14:29
Crab-like? :confused:He probably means your national flag, and your national dish.
Retired WerePenguins
09-03-2007, 14:29
I believe he may be referring to your national flag. (Cluichstan proper, not the UN registered nation of Cluichstan, the exct name of which escapes my mind at the moment.)
Hirota
09-03-2007, 14:30
The Misbehaving Sultanate of Cluichstani UN Mission
Cluichstan
09-03-2007, 14:37
Both have the same flag, national animal, etc. However, that doesn't mean the Cluichstani people are "crab-like."

Sheik Nadnerb looks at his hands.

Nope, no claws here.

Respectfully,
Sheik Nadnerb bin Cluich
Cluichstani Ambassador to the UN
Retired WerePenguins
09-03-2007, 16:52
They say, "you are what you eat."

We, for example are Sushi and Conch Fritters but not BBQ Tourists because we recently outlawed tourist hunting.