Crim 101 Restorative justice...

restorative/transformative justice: an overview

• Restorative, transformative justice

  • is part of the critical tradition in criminology

  • argues for a paradigm shift in criminal justice

  • argues for changes to the social structures that perpetuate injustice and inequality

Restorative justice: a paradigm shift

• has gained tremendous momentum in Canada as an alternative or addition to contemporary criminal justice since the 1970s

• informed by values, principles, and practices from a variety of sources including Indigenous ways of knowing

• primary focus on healing people and relationships

• promotes meaningful accountability, collaborative dialogue, and empowerment of offenders, victims, and communities

•  Critical criminology

  • Need to change social structures that perpetuate injustice and inequality

• Restorative Justice Paradigm involves

  •  Inclusiveness

  • Problem solving focus

  • Accountability

  • Dialogue

  • Reparation

  •  Pursuit of healing and righting relationships

Justice as healing

• opposite of retributive or punitive justice; but not that simple

• restorative justice and the current system are not mutually exclusive

•   while sentencing principles laid out in s. 718 of the

• Criminal Code include punishment and deterrence ,the following are also considered by judges:

• offender treatment

  • rehabilitation

  • reparation

  • responsibility

Justice as healing: support for restorative justice

• Canadian support for restorative justice is growing as restorative justice focuses on:

  • victims’ needs

  • community engagement

  • inclusive and collaborative processes

  • emotional and relational dimensions of crime

Comparisons of justice 

Questions asked

In the criminal justice system RJ processes can…

• RJ can occur in collaboration with the CJ system at any time

  • pre-charge

  • post-charge/pre-conviction

  • post convictions/pre-sentence

  • post- sentence

Restorative justice - outside of the criminal justice systems 

• RJ can occur independently of the CJS in many ways

  •   self-referral option for victims to contact a community -based RJ program on their own

  • within Indigenous communities through their Nation’s justice program

    • culturally responsive

    •  avoids colonially-based legal system

    •  reclaiming responsibility for justice practices is an important component of self-determination and self-governance

  •  for interpersonal harm in the community, schools or workplaces

  • to address harm in the aftermath of genocide, governmental issues, and/or apartheid.

aims of RJ

•   Restorative Justice is a Relational theory of Justice

• rehabilitation involves interventions that focus on reducing the risk that perpetrators will cause harm in the future

• retribution seeks to impose proportional discomfort to ‘teach a lesson’ and deter future crime

• RJ, however, aims to address the relationships that have been harmed - between victim and offender or those within families and communities

Justice stakeholders

• Restorative justice aims to meaningfully include 3 stakeholders:

  • Victims (primary and secondary)

  • Offenders

  • Community (geographic and social)

Justice stakeholders: types and degrees of RJ practices

Restorative Justice models

• Criteria to move forward with RJ

  • the person who caused the harm must accept responsibility for their actions and be open to making reparation

  • the victim/survivor must participate voluntarily and be provided voice and choice in how the process will unfold.

  • community members might also be included

    • they must be informed and prepared to ensure the process itself upholds the values of respect, honesty, accountability, and safety

Restorative Justice Models 

-       Victim offender dialogue

-       Conferencing

-       Peacemaking circles

Benifits of RJ

• Victims/Survivors

  • information and answers to questions

  • direct accountability from the person who caused harm

  • influence, choice and voice in determining how the harm will be addressed

  • restitution, reparation and vindication

  • opportunities to be heard and understood

  • community support

  • increased satisfaction with justice

  • opportunities for meaningful communication

• Offenders

  • opportunity to start to make things right and be accountable

  • encouragement for personal transformation and support in addressing underlying issues

  • community reintegration and support

  • opportunities for meaningful communication

• Community Members

  •  Increased sense of safety

  • Reduced re-offending

  • Inclusion in justice process

  • Strengthening community and building relationships

Critiques of RJ 

• Lack of support and awareness within the criminal justice system and

  • some people perceive that it is “soft on crime”among the general public

• practical and cost concerns of shifting an entire criminal justice system to a new paradigm

  • does not work for all cases

• net widening

• possible risks

Summary & Conclusion

• offers an alternative version of justice that balances needs of offenders, victims, and offenders

• research demonstrates positive results in Canada and globally in

• widens the justice lens to offer innovative, collaborative, and healing approaches to harm

• benefits of restorative justice are plentiful and awareness of these principles can be integrated across all areas of the criminal justice system