What Is Restorative Justice?
Crime increases fear, reduces quality of life and causes injury to victims, survivors and communities, and while the criminal justice system prosecutes and punishes offenders, the emotional and physical damage to people and communities may often go unresolved.
Restorative justice programs seek to repair the harm caused by crime through a comprehensive and cooperative process that enables the victim, the offender and affected members of the community to be directly involved in responding to the crime.
Restorative justice is a theory of justice that is based on the common values and principles of accountability, reparation, reintegration, inclusion and effective communication.
Restorative justice programs promote healing for the victim by allowing the victim to voluntarily meet the offender, to express the impacts of the crime and to encourage the offender to take responsibility for the resulting harm.
Restorative justice rehabilitates offenders and reintegrates them into the community by providing an opportunity for the victim, the offender and community members to develop a plan to address the harm together.
The shared responsibility in finding constructive resolutions to crime gives communities a meaningful voice in the cause and effect of crime in their communities.
The community-centered approach of restorative justice programs can contribute to reductions in recidivism, increased compliance with restitution agreements and victim satisfaction.
Restorative justice practices can reduce costs to the criminal justice system by providing alternatives to incarceration and decreasing judicial caseloads.
Three principles form the foundation for restorative justice:
1. Justice requires that we work to restore those who have been injured.
2. Those most directly involved and affected by crime should have the opportunity to participate fully in the response if they wish.
3. Government's role is to preserve a just public order, and the community's is to build and maintain a just peace.
Restorative Justice Practices:
The principles of Restorative Justice inform all these practices, which involve face-to-face meetings of those involved and affected by crimes, and are facilitated by specially trained staff. The focus is on taking responsibility and putting things right.
Mediation allows those involved in and affected by a crime to meet face-to-face with a trained mediator who helps the parties decide together what will best repair the harms done.
Community/Group Conferences are meetings of the people involved in and affected by a crime along with members of their families and/or community and a trained mediator.
Community Justice Circles are a way of building community that may or may not focus on the specifics of any one crime. A Community Justice Circle involves people from many parts of the community. The underlying assumption of the circle process is that the responsibility for dealing with crime lies with the larger community, not just the persons and families directly involved or affected by a crime.
Outcomes of Restorative Justice:
Those affected by the crime face those who committed the crime, allowing them to:
- Express the impact on themselves.
- Get answers to questions no one else can answer.
- Gain closure and move on.
Those who committed the crime:
- Take responsibility for their actions.
- Are accountable to the community.
- Make written agreements.
- Gain support in making things right.
The community is involved in the process of restoration and justice.
Restorative programs are characterized by four key values:
Encounter: Create opportunities for all parties, and community members who want to do so, to meet to discuss the crime and its aftermath.
Amends: Expect offenders to take steps to repair the harm they have caused.
Reintegration: Seek to restore victims and offenders to whole, contributing members of society.
Inclusion: Provide opportunities for parties with a stake in a specific crime to participate in its resolution.
Giving Voice
Victims and survivors of crime should have an opportunity to speak, to
express the impact of the crime, and to have a say in what happens.
Offenders given the opportunity to speak are able to listen.
Repairing Harm
Those involved in causing harm have an obligation
to repair the harm and make things right.
Restoring Relationships
Relationships affected by crime
can be restored.
Bringing Balance
The needs of victims, the community, and offenders are taken into account.
