Essay Example on the Use of Restorative Justice Practices in Sentencing Hate Offenders

Restorative justice programs can appear in different shapes all dependent on the criminal justice system structure that the same are implemented. In a hate crime context, the restorative justice system takes place in four steps (Gavrielides, 2012). The foremost step is case referral to the restorative justice program. The referrals must come from people who work within a social or justice system inclusive of judges, prosecutors, police, and probation officers. A referral can take place any time from the offense date to the parole period. The second step is the hate crime case preparation. In the preparation stage, a mediator contacts both the Victim and the offender differently with the aim of gathering information about the crime from the two parties and weighing the two sides (Strang & Braithwaite, 2001). After getting the information from the two sides, the mediator is set to move to the next stage which is the actual meeting between the offender and the offended. The meeting takes place in the face of a family group, friends, and maybe relatives. The last step is file preparation, and the same is returned to the referral source.

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In a hate crime offense, the given precondition is the acceptance by the offender of committing the offense and that every discussion between the mediators, the victim, and the offender will remain confidential and cannot be used in a criminal justice system (Gavrielides, 2012). During the meeting, the victim gives a statement explaining how it felt to be offended and in most cases, the victim poses questions to the offender. After this, the offender is given a chance to explain their side of the story. The presence of a neutral mediator aids the discussion. After this, the discussion focuses on how the offender may repair the harm created and the methods that can be used to reintegrate the offender back to the society (Strang & Braithwaite, 2001). The discussion is concluded with the two parties agreeing, and the agreement may vary from punishment, written apology or compensation.

Diversity Training

Diversity training can be described as any program created with the aim of facilitating positive interaction, reduce discrimination and prejudice and teach people who differ from others how to cooperate effectively. In a hate crime offense, the offender is in many cases different from the victim. Therefore, the introduction of diversity training for hate crime offenders may be significant in helping them learn how to deal with different people without harming them. Consequently, it helps in increasing one's awareness, communication, and knowledge. It can benefit hate crime offenders for it helps in prevention of civil rights violations (Steinberg, Brooks, & Remtulla, 2003).

Diversity training is a suitable sentencing option for the hate crime offense act since it opens a platform where an individual can learn about correlating with others. Additionally, during the time diversity training takes place, the offender is subjected to rehabilitation which is essential for every type of offender. Diversity training provides a chance for the offender to interact with others and learn about people's different behaviors and opinions and how to handle each of them without committing a hate crime offense (Steinberg, Brooks, & Remtulla, 2003). Diversity training offers the offender with a platform where he can get the advice of different issues in life from certified experts. After a diversity training, the offender is likely to go back to the society a transformed person who can harmoniously live with everyone. Diversity training offers a chance for an offender to change and become substantial in the community. Though it does not involve the victim of the hate crime offense, it dramatically effects to positive change in an offender.

Comparison of Diversity Training and Restorative Justice

The two, restorative justice practices and diversity training are effective in sentencing hate crime offenders. However, restorative justice or mediation is much effective since it involves both the offender and the victim. In the restorative justice system, the victim and the offender come into a common conclusion, and they make peace. In most cases, the victim is compensated by the offender since he has nothing to hold on. As compares to the restoration of the justice system, diversity training involves only one party where the offender is taken into intense training (Steinberg, Brooks, & Remtulla, 2003). The victim, in this case, is not compensated and may have to hold grudges against the offender. Though diversity training is a suitable method of sentencing hate crime offenders, it is not as effective as restorative justice or mediation. In restorative justice, the victim and the offender, with the help of a neutral mediator, and in the presence of friends, or family, agree (Walters 2014). The offender in the restorative justice system may be required to apologize or compensate the victim hence making the victim feel that justice was served the right way. Nevertheless, depending on the type of hate crime offense, the respective justice personnel are the one who decides on the kind of sentencing to give to the offender. It is agreed after listening to both the victim's and the offender's side of the story, and due to their (Justice Personnel) expertise, fair sentencing is given.

References

Gavrielides, T. (2012). Contextualizing restorative justice for a hate crime. Journal of interpersonal violence, 27(18), 3624-3643.

Steinberg, A., Brooks, J., & Remtulla, T. (2003). Youth hate crimes: Identification, prevention, and intervention. American Journal of Psychiatry, 160(5), 979-989.

Strang, H., & Braithwaite, J. (Eds.). (2001). Restorative justice and civil society. Cambridge University Press.

Walters, M. A. (2014). Hate crime and restorative justice: Exploring causes, repairing harms. Oxford University Press.