Enough is Enough
Ken Marslew about Justice
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Law & Justice - Ken Marslew's Views
PRO BONO PARTNERSHIP AWARD 2008 NOMIATION for Macedone Legal and Enough is Enough
The term Restorative Justice is in my opinion the wrong choice of words.
Restorative means to "restore", to "return to original", to make as before".
Any incident created change - a break-in, theft, violence, etc. and a person is never quite the same - and can you bring back someone who has been killed - No! How then can we restore?
The best we can do is bring groups of people with differing opinions together to get a shared understanding around an incident, and with parties prepared in parallel, a positive outcome may be forthcoming - "Co-operation".
Perhaps a difficult concept - co-operation with those that have harmed - it seems to me more appropriate terminology.
"Crime and punishment" is an outdated concept.
"Crime and consequences" creates a greater vision on dealing with issues.
Yes! There has to be punishment but it is a small part of a much bigger picture - There is a real need to look at the needs of all parties involved in a situation - victim, family, friends, broader community, offender's family and friends.
Content of punishment process - appropriate punishment - healing processes.
- Conferencing-Post Sentence - after a courts decision -
- Diversionary - prior to , or an alternative to court.