Justice that Restores
By Carolina Benavides
For those who have claimed that the death penalty should be the punishment used by the State for acts of delinquency, and for those who have been waiting for another option not so ridden with failure and abuse, today in Peru we finally have an alternative that can be found on the opposite side of the spectrum of violence—Restorative Juvenile Justice.
Restorative Juvenile Justice (RJJ) seeks to achieve three goals: to provide compensation for the harm caused to the victim, to socially integrate the youth who committed the crime, and to repair any community relations that were affected by the infraction. This model promotes the active participation of the community in order to assure that the adolescent is supported by social relationships in his development process. In doing this, we can hope to establish a better moral conscious in the judicial environment.
For the first time in our country, we have demonstrated with scientific rigor, through a comparative study of the models of juvenile justice in Peru, that RJJ is an alternative that should be institutionalized on a national level. Not only does this system bring about significant changes in youth and in society as a whole, but it is also less costly than the traditional incarceration method which has been applied indiscriminately in the absence of alternatives.
The findings of the investigation also prove that RJJ is better able to rehabilitate the convicted youth than the incarceration system. With the participants, there is clear evidence of a decline in drug use and violent activity that coincides with an increase in participation in school and employment. Additionally, the RJJ program consists of the support of a multifaceted team of professionals (psychologists, lawyers, social workers, and educators) that work together with the families and community institutions in order to facilitate the reconciliation of the adolescent with his surroundings. RJJ is also the only model of juvenile justice that responds to the needs of the victim through a process of mediation with the accused youth.
In terms of cost, RJJ, in comparison with the Juvenile Center of Diagnostics and Rehabilitation of Lima (known locally as Maranguita), is the more efficient program because it requires only a fifth of the funds per adolescent because of its more simple and flexible structure. The RJJ program also works to reverse the negative social impact of the adolescent’s behavior by forming less violent youths who, through the program, develop more creative and independent characters.
In the face of such compelling evidence, we must ask, what are we waiting for before we invest in the development of this country’s youths, especially those in conflict with social norms?
(Translated from the original Spanish version that appeared in El Comercio)
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