Restorative Justice

restorative justice

focuses primarly at healing people and relationships by promoting:

• meaningful accountability

• collaborative dialogue

• empowerment of offenders, victims, and communities

howard zehr’s contribution

• argues for a paradigm shift in viewing the legal system, focusing on rethinking punishment and retribution

  • suggests that new lens is required to address the dysfunction in the current criminal justice system, advocating for restorative approach in personal lives and community interactions

characteristics of restorative jsutice

• inclusive and problem solving focus

• involves accountability, dialogue, and reparation

• challenges existing justice structures

• advocates for different approach to conflict

• envisions a transformed view of conflict, harm, and punishment

goals of legal system

primarily focused on punishment and deterrance but also aims for offender treatment and rehabilitation

core principles of restorative justice

• puts victims’ needs at the forefront of justice process

• promotes community engagement

• shifts focus from rules to emotional and relational dimensions of crime

difference from traditional approaches

focuses on interpersonal harm rather than punishment alone

rehabilitation

aims at reducing the risk of future harm from offenders by addresing behavioural causes (group therapy, anger management, etc.)

retribution

focuses on imposing discomfort as a detterent and teaching offenders a lesson without considering the relationships harmed by crime (incarceration, probation, fines)

community based initiatives

restorative processes can occur outside the criminal system, allowing individuals to seek justice without involving police

key stakeholders

victims, offenders, and community

victims involvement

restorative justice centers on victim needs and aims to provide:

• enhanced participation

• recognition of harm and consequences

• supportive process enabling victims to control their justice experience

offender’s responsibilities

• must acknowledge their actions and strive to repair both material and symbolic harm

community engagement

• community responses must reconcile obligations and include various supportive actions

victim-offender dialogue

facilitated discussions focus on harm and reparative steps

conferencing

involves broader participation to support reparative discussions and agreement

circles

aimed at reintegration and community involvement in resolving conflicts

benefits for victims

• direct accountability

• engagement in the process

• sense of community support

benefits for offenders

• opportunities for accountability and community reintegration

benefits for the community

• strengthened relationships

• reduced fear of crime

restorative justice paradigm involves

• inclusiveness

• problem solving focus

• accountability

• dialogue

• reparartion

• pursuit of healing and righting relationships

comparisons of justice

criminal justice asks …

• what law was broken

• who did it

• what do they deserve

restorative, transformative justice asks…

• who has been harmed

• what are their needs

• who/and/or what structures are obligated to address the harm caused

• what needs to happen to address harm and promote healing?

restorative justice can interdependently of the CJS through:

• self-referral option for victims

• within Indigenous communities through their nation’s justice program

• for interpersonal harm in the community, schools, and workplaces

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

types and degrees if restorative justice practice

on textbook

criteria to move forward with restorative justice

• offender must accept responsibility and open to making reparation

• victim must participate voluntarily, and choose how the process will unfold

• community members might be included