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The modern law stipulates that a person who commits a crime should be sentenced and provided with an appropriate punishment. This practice serves as the ground for the modern justice system as it demonstrates the members of any community that any illegal activities will be punished. However, the sophistication of the coherent society and the great attention given to various humanistic issues result in the appearance of several factors that might be considered mitigating circumstances.
They often serve as the basis for vigorous debates related to the nature of these very mitigating circumstances. In these regards, it is crucial to study various spheres of the modern justice system and criminal law that condition the appearance of special sentences that take into consideration all circumstances. Besides, there is a hate crime law that presupposes some alternative sentences and punishments for people who have some extra reasons for committing a certain crime.
The use of mediation or restorative justice practices
When speaking about mediation or restorative justice patterns that are used for people who belong to the so-called hate group one should state the existence of some disputable questions. The first one results from the complexity of the definition of the term hate group. They should not be confused with terrorist groups, street gangs, and other crime formations (Gerstenfeld, 2013).
Additionally, the line between these groups is very thin, and it conditions the great complexity of the determination of a certain case (Gerstenfeld, 2013). Yet, some researchers still tend to distinguish several aspects peculiar to this category (Turpin- Petrosino, 2015). They are also taken into account while judging a person and sentencing him/her. However, there is another disputable question while talking about the given issue. Traditionally various mediation or restorative practices in sentencing for these offenders are used.
There is a certain group of opponents of the given practice who state that there is no need to introduce some alternative measures for members of this very group. They are sure that the same punishment should be provided for all people with no regard to their status and peculiarities (Hate Crime: Should the Current Offences be Extended? 2014).
Nevertheless, one realizes the fact that hate crime victims suffer more than victims of usual crimes because of the existence of certain motivations and causes for committing the given crime. They also might experience psychological trauma. For this reason, the application of the main aspects of restorative justice is crucial for the cases of this very sort.
Considering the character of this sort of crime and the modern tendency that implies the usage of mediation or restorative practices in cases of hate crime, several options could be discussed. For instance, the practice of diversity training now becomes rather popular among the adherers of restorative justice. It is the program that is initiated to facilitate the positive reactions between various groups and attain a significant reduction of prejudice and discrimination (Turpin- Petrosino, 2015).
More precisely, the main aim of the given strategy is to teach individuals how to work together and avoid numerous conflicts. Additionally, the usage of this very approach is expected to decrease the number of causes that might trigger the development of the conflict. It becomes obvious that the nature of this very practice determines its great potential in terms of restorative justice. Cogitating about its possible outcomes, one could predict a certain positive effect it might have on the offenders personality.
Being not able to cope with anger and some other stressors, a person breaks the law and commits a crime. That is why diversity training could be considered a good option for this sort of offender as it might result in the elimination of the main causes of anger and hatred. For this reason, it is possible to recommend the usage of the given approach.
Compare the effectiveness of either sentencing option
However, it should obviously not be taken as the only sentencing option for hate group offenders as some aspects might complicate the case and introduce the necessity of some extra punishment. At the same time, several examples evidence the necessity of the usage of mediated sentences. Revolving around the given issue, it is possible to state the great efficiency of some of the given options. For instance, the above-mentioned diversity training could be considered an efficient approach that might be used to mitigate the negative aspects of hate and guarantee further nonconfrontational existence in the community.
At the same time, the usage of mediated sentences could be considered another alternative that could help to improve the situation. Finally, there is also the usage of various practices that imply the attempts to introduce some alterations of a persons character and explain the great negative effect of this sort of crime. Besides, it is difficult to compare their efficiency and state the most powerful one because of numerous factors that impact every case.
Document support as to the more effective sentencing option
Altogether, every case of this sort poses a complicated task for a court, state counsel, and attorney because of a certain set of factors that alter the attitude to the main participants and introduce the necessity of certain actions. In these regards, it is crucial to provide the solid document support to every case. Several factors evidence the great efficiency of the given measure.
First, it will help the court to acquire the needed information about the main aspects and facts. Second, almost any case which is conducted in a court has a number of documents that should be analyzed while investigating the issue. Finally, all participants of the trial are to be informed about the most significant points. That is why the creation of the solid document support is vital for the better case understanding and analysis. Yet, it will also promote the choice of the more efficient sentencing option because of the improved comprehension of the given case and the ability to consider all factors.
In conclusion, the restorative justice should be considered comparatively a new phenomenon of the modern society that is expected to alter the situation in the sphere of hate crime and guarantee its significant improvement. Besides, it still provides the basis for vigorous debates that come from the controversial character of the given issue.
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The fact is that restorative justice presupposes mediated or alternative sentences for hate group offenders as certain factors complicate the case and increase its complexity. Therefore, there is also a certain problem related to the determination of cases and their classification as the hate ones. The complexity also comes from the great responsibility as the case will be conducted differently. Altogether, it is possible to admit the great importance of the given practice for the modern world.
Gerstenfeld, P. (2013). Hate Crimes: Causes, Controls, and Controversies. Thousand Oaks, CA: Sage Publications Inc.
Turpin- Petrosino, C. (2015). Understanding Hate Crimes. New York: Routledge.