Restorative Justice Notes
What is Restorative Justice?
Definitions
Johnstone & Van Ness Definition: Restorative justice is a global social movement aiming to transform how societies view and respond to crime and related behaviors. It seeks to replace existing punitive justice systems with community-based reparative justice and moralizing social control.
Marshall 1996 Definition: A process where all parties with a stake in an offense come together to collectively resolve how to deal with the aftermath and its implications for the future.
An Appraisive Approach
A relatively informal process where victims, offenders, and others discuss the crime, its effects, and how to repair it.
Emphasis on empowerment of ordinary people.
Outcomes that avoid stigmatizing but encourage responsibility and amends.
A process that reflects values of respect and inclusion, and avoids coercion and exclusion.
Attention is given to the harms suffered by the victim and their repair.
Emphasis on building, strengthening, or repairing relationships.
(Johnstone and Van Ness)
Engagement and Empowerment
Christie 1977: Conflicts are property that the state steals from stakeholders and puts in the hands of elites.
Sawin & Zehr 2007, 48: Engagement is the voluntary participation of stakeholders in decisions about what happens in the wake of wrongdoing and hurt; empowerment is not only the power to participate but also the ability to draw upon needed resources to make a decision and follow through on that decision.
Restorative Justice Values:
Includes process, individual, and underlying beliefs (Pranis 2007).
Process Values: Respect, dignity, inclusion, responsibility, humility, care, reparation, non-denomination.
Individual Values: Respect, honesty, responsibility, compassion, patience.
Underlying Beliefs: Relationships matter; people are interconnected; wisdom is universal; justice must heal.
Conceptions of Restorative Justice:
Encounter: Meetings to discuss crime, causes, and effects.
Reparative: Justice repairs harm; encounter not required.
Transformative: Addresses individual and structural injustices like racism and sexism.
(Van Ness & Johnstone 2013; Van Ness & Strong 2015)
Johnstone & Van Ness Definition: Restorative justice is a global social movement aiming to transform how societies view and respond to crime and related behaviors. It seeks to replace existing punitive justice systems with community-based reparative justice and moralizing social control.
Focuses on repairing harm to victims and communities.
Emphasizes accountability from offenders and their reintegration into society.
Encourages dialogue and mutual agreement between all parties involved.
Key Theorist
Howard Zehr: Often referred to as the grandfather of restorative justice, Zehr's work has been foundational in defining and promoting restorative justice principles.
Johnstone & Van Ness: Their definitions and analysis of restorative justice have shaped academic and practical understandings of the concept.
Nils Christie: Known for his critique of the state's role in conflict resolution and advocacy for stakeholder empowerment.
Benefits
Higher satisfaction among victims compared to traditional justice systems.
Reduced recidivism rates among offenders.
Increased community involvement and support.
More meaningful accountability for offenders.
Limitations
Can be difficult to implement in cases involving serious harm or power imbalances.
Requires significant resources and training.
May not be suitable for all offenders or all types of crimes.
Success depends on the willingness of all parties to participate and engage in good faith.
Solutions
Provide comprehensive training for facilitators and participants.
Develop clear guidelines and protocols for implementing restorative justice practices.
Ensure access to necessary resources and support services.
Address power imbalances and ensure fair representation for all parties.
Continuously evaluate and improve restorative justice programs based on outcomes and feedback.