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Community Prosecution and Restorative Justice

Community Prosecution and Restorative Justice. Adv Shamila Batohi Director of Public Prosecutions 28 March 2007. A New Approach. Why the need for a new Approach Not achieving our Vision High levels of crime

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Community Prosecution and Restorative Justice

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  1. Community Prosecution and Restorative Justice Adv Shamila Batohi Director of Public Prosecutions 28 March 2007

  2. A New Approach Why the need for a new Approach • Not achieving our Vision • High levels of crime • Prosecutors overburdened and have little time to devote to exploring an expanded role in crime prevention

  3. We realised that what was needed was: • A Problem Solving Approach • Work closely with the community and other Partners • To clarify our role in the NCPS

  4. Our Response • Restorative Justice Piloted in 3 sites • Community Prosecution Piloted in 9 sites

  5. What is Community Prosecution? • Close gap between Prosecutors and Communities; • Case processors vs problem solvers; • Grassroots approach to law enforcement; • Targeted geographic area; • Traditional and non-traditional initiatives to work within a community to solve and prevent crime;

  6. What is Community Prosecution?Contd • Integrated approach involving reactive and proactive strategies; • Long-term, proactive partnerships • Varied methods of prevention; intervention and enforcement other than criminal prosecution to address problems; • Community Involvement

  7. Quote “Prosecutors potentially have a huge influence over the administration of justice in a community. Prosecutors have a unique perspective in that they represent the only part of the Criminal Justice System that comes into contact with every other part. Consequently, prosecutors are not confined to one part of the system when thinking about, and participating in, developing imaginative crime control strategies”. Schonteich, M

  8. Traditional PP vs Community PP • Reactive vs Proactive • Case Processing vs Problem Solving

  9. Restorative Justice Government’s response to Crime • More arrests • More Prosecutions • Harsher Punishment These have failed to reduce crime

  10. Study Smith Institute Study Findings: Restorative Justice Practices: • Provide benefits to victims • Significant impact on re-offending

  11. A new Option? • Policies since 1994 incorporated RJ principles • Integration into the CJS has been difficult

  12. A new Concept? • RJ not a new Concept • Return to traditional responses to crime • “Ubuntu” has for many years been the basis for resolution of disputes • Restoration, reconciliation and harmony were seen as a basis for the settlement of disputes

  13. What is Restorative Justice? • Offender Accountability • Reparation of harm caused • Rehabilitation rather than punishment • Victim Driven

  14. Primary objectives of RJ • Attend fully to Victims needs • Prevent re-offending • Offenders to take responsibility • Rehabilitation and Crime Prevention • Diverting from the formal CJS

  15. When can RJ be used • In the Community • After reporting to Police • Plea Bargaining • During the trial – Alternate sentencing • In prison

  16. Is RJ the correct approach? • One view: Focus on Prevention and reducing recidivism. I agree • Other view: Soft on Crime. I disagree

  17. Balance • RJ cannot replace the current penal system • Balance between Restorative Justice and Retributive Justice

  18. Change • Having the capacity to change even before the case for change becomes apparent • It cannot be business as usual

  19. Not a Quick Fix “Those who plant the seeds of Restorative Justice might not be the ones to reap the fruits thereof”

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