Why Does Restorative Justice Matter?

Why Does Restorative Justice Matter?

I wrote the paper below for Restorative Justice for All International Institute in celebration of Restorative Justice Week 2019, Visit [https://www.rj4all.info/] to learn more.

The term 'Restorative Justice' (RJ) came about out of concern for the victim, as the victim was seen to be ignored by the criminal justice system and only viewed as witnesses to a crime against the state. RJ is not a new concept. It was once a dominant model of criminal justice worldwide[1]. The move away from RJ took place in the Middle Ages when communities shifted from Acephalous (headless societies) to ‘States’, therefore shifting the responsibility for punishment and harm reparation from victims to the state[2]. RJ views crime as more than the mere breaking of the law and maintains that crime causes harm to people, relationships, and the community. Therefore, a just response must address those harms as well as the crime[3]. Zehr (1990.,p.181) states that restorative justice refers to the notion that: “Crime is a violation of people and relationships. It creates obligations to make things right. Justice involves the victim, the offender, and the community in a search for solutions which promote repair, reconciliation, and reassurance”[4].

The Criminal Justice System (CJS) focuses on applying the law, placing blame and administering punishment. The primary goal of the CJS is to deter and punish criminal offending while protecting society. Through this retributive justice, justice is achieved by responding to a broken law. Specific actions are considered to be "crime" because they are considered to be an offence against society at large. Therefore, the CJS denounces and suppresses such conduct which is classified by the law as a crime. When a law is broken, the law-breaker is punished in a way that symbolizes denunciation of the unlawful act. This is done in the sense that the severity of the punishment measures the seriousness of the criminal activity involved, that is: punishment is seen as just and applied in a manner that is proportional to the perceived gravity of the crime. The CJS sees the punishment as a symbol rectifying the moral imbalance created by the criminal act. 

The premise of RJ is that those who have inflicted harm and those who have been harmed come together in a safe space and hash out a resolution. The point is to allow the victim to voice out any grievances and how the harm has affected him/her, at the same time allowing offenders to take responsibility. This can lead to the transformation of people, relationships and communities. RJ promotes the inclusion of all parties, allowing the contact of the victim and the offender and making way for the offender to make amends for the harm caused, and allowing the reintegration of the parties into their societies. RJ approach is practised using Circles, Victim-Offender Mediation, Conferences that include victims, offenders, their families, friends, and other community members. Restorative justice can occur throughout the criminal justice process, from pre-arrest to post-sentence, and can take place in settings such as prisons, therapeutic facilities, and communities[5]. 

The role of the court is to determine whether the accused individual is responsible for breaking the law, and if the individual is determined to be responsible, the court looks at what level of punishment is appropriate to demonstrate the disapproval of society of the act. When a crime has been committed it creates justice needs for all involved, and those needs need to be met to resolve the injustice. The CJS does little to satisfy the justice needs of those involved. It also does little to engage the community or people involved in addressing the causes and the consequences of wrongful behavior. Such can have a significant impact on how people view wrong-doing and justice. 

Restorative values guide restorative justice. When a person through his/her action causes harm to another, the person is invited to truthfully acknowledge the wrong-doing, to respectfully listen to the person at whom the injury is caused and to repair the harm and put things right again. Therefore, the Restorative approach to justice presents an entirely different way of thinking about crime and justice. Keep in mind though, that the principles of RJ and its practices are not limited to crime, they are also being applied in many other fields of conflict resolution including school discipline, workplace disputes, family mediation and in a lot of different situations. RJ helps the victim, the offender, and the community regain some control over the process of justice. 

Victims of crime who participate in RJ efforts have greater levels of satisfaction with the justice process than those who participate in the traditional justice process[6]. RJ Conferencing can reduce victims’ post-traumatic stress symptoms[7] [8]. Offenders who participate in RJ appear more likely to comply with restitution requirements than those who participate in the traditional justice system[9].In some circumstances, offenders report greater levels of satisfaction with the restorative justice process than the traditional justice process[10]. Arizona-based studies indicate that juvenile offenders in RJ Conferencing are less likely to reoffend than peers in a traditional diversion program[11]. Effects are greater for girls and youth with few prior offenses than boys and youth with more prior offenses (Ibid). 

In Conclusion, RJ focuses on redressing the harm done to the victims, holding offenders accountable for their actions and activities involving the community in the resolution of that conflict. Furthermore, the participation of these parties emphasizes the building/rebuilding of relationships. Understanding and learning about RJ is essential because it will shape the way we think about justice and its requirements, therefore helping us respond better to any injustice/wrong-doing. RJ matters because it takes away the instrument of control and condemnation that we see in our current judicial system. Compared to the CJS, RJ does not work with the victim in isolation from the offender but works with them together to ensure healing and accountability. 

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^[1] 1999John Braithwaite Crime and Justice Vol. 25 (1999), pp. 1-127

^[2] Gavrielides, T. (2011). Restorative Justice and the Secure Estate: Alternatives for Young People in Custody

^[3] http://restorativejustice.org/restorative-justice/about-restorative-justice/tutorial-intro-to-restorative-justice/lesson-1-what-is-restorative-justice/#sthash.yktcJeS8.dpbs

^[4] Zehr, 1990., p. 181.Chaning lenses NCJRS Virtual Library collection

^[5] https://www.countyhealthrankings.org/take-action-to-improve-health/what-works-for-health/policies/restorative-justice-in-the-criminal-justice-system

^[6] Sherman, L. W., Strang, H., Barnes, G., Woods, D. J., Bennett, S., Inkpen, N., … Slothower, M. (2015). Twelve experiments in restorative justice: the Jerry Lee Program of randomized trials of restorative justice conferences. Journal of Experimental Criminology, 11(4), 501–540. https://doi.org/10.1007/s11292-015-9247-6

^[7] Sherman, L. W., Strang, H., Barnes, G., Woods, D. J., Bennett, S., Inkpen, N., … Slothower, M. (2015). Twelve experiments in restorative justice: the Jerry Lee Program of randomized trials of restorative justice conferences. Journal of Experimental Criminology, 11(4), 501–540. https://doi.org/10.1007/s11292-015-9247-6

^[8] Angel CM, Sherman LW, Strang H, et al. Short-term effects of restorative justice conferences on post-traumatic stress symptoms among robbery and burglary victims: A randomized controlled trial. Journal of Experimental Criminology. 2014;10(3):291–307.

^[9] Latimer J, Dowden C, Muise D. The effectiveness of restorative justice practices: A meta-analysis. The Prison Journal. 2005;85(2):127–44.

^[10] Sherman, L.W., Strang, H., & Adam Smith Institute. (2007). Restorative Justice: The Evidence (Herz. ed.). Geraadpleegd van http://www.iirp.edu/pdf/RJ_full_report.pdf

^[11] Rodriguez N. Restorative justice at work: Examining the impact of restorative justice resolutions on juvenile recidivism. Crime & Delinquency. 2007;53(3):355–79.