Lably
Skip to content

Restorative justice

Restitution with input from victims and offenders

  • 28 min read
  • 8 chapters
Isometrical perspective of Pentonville Prison , 1840-42, engineer Joshua Jebb. Report of the Surveyor-General of Prisons, London, 1844, page 116. Image reproduced in Mayhew, Criminal Prisons of London
Joshua Jebb · Public domain

Related on Lably

Through Alternative dispute resolution, Indigenous peoples and Canada

Through academic assessment, restorative justice has rendered positive results for both victims and offenders. Proponents argue that most studies suggest it makes offenders less likely to re-offend. A 2007 study also found that it had a higher rate of victim satisfaction and offender accountability than traditional methods of justice delivery. Its use has seen worldwide growth since the 1990s. Restorative justice inspired and is part of the wider study of restorative practices.

The literature summarises restorative justice practices as: victim-offender mediation, family group conferencing and circles. Their main differences between these key practices lie in the number and roles of participants. Victim-offender mediation involves meetings between the victim and the offender. Family group conferencing involves meetings with the victim, the offender and direct stakeholders such as their family and professionals supporting them including youth or social workers, the police or friends. Circles include the victim, the offender and representatives of the wider community.

Independently of the restorative justice practice, the overall goal is for participants to share their experience of what happened, to discuss who was harmed by the crime and how, and to create a consensus for what the offender can do to repair the harm from the offense. This may include a payment of money given from the offender to the victim, apologies and other amends, and other actions to compensate those affected and to prevent the offender from causing future harm. Founded upon the principle of equality, restorative justice practices are firmly rooted in the needs of the victim, as well as the offender, and thus their focus is on empowering both parties through power sharing leading to honest and equal dialogue towards resolution.

Definition

There are various definitions of restorative justice in the literature with some describing it as a "process", while others as an "ethos" and a way of living. For example, according to John Braithwaite, restorative justice is:

...a process where all stakeholders affected by an injustice have an opportunity to discuss how they have been affected by the injustice and to decide what should be done to repair the harm. With crime, restorative justice is about the idea that because crime hurts, justice should heal. It follows that conversations with those who have been hurt and with those who have inflicted the harm must be central to the process.

Although law professionals may have secondary roles in facilitating the restorative justice process, it is the citizens who must take up the majority of the responsibility in healing the pains caused by crime. The process of restorative justice thus shifts the responsibility for addressing crime.

In 2014, Carolyn Boyes-Watson from Suffolk University defined restorative justice as:

...a growing social movement to institutionalize peaceful approaches to harm, problem-solving and violations of legal and human rights. These range from international peacemaking tribunals such as the South Africa Truth and Reconciliation Commission to innovations within the criminal and juvenile justice systems, schools, social services and communities. Rather than privileging the law, professionals and the state, restorative resolutions engage those who are harmed, wrongdoers and their affected communities in search of solutions that promote repair, reconciliation and the rebuilding of relationships. Restorative justice seeks to build partnerships to reestablish mutual responsibility for constructive responses to wrongdoing within our communities. Restorative approaches seek a balanced approach to the needs of the victim, wrongdoer and community through processes that preserve the safety and dignity of all.

Reconciliation is one potential component of restorative justice. However, restorative justice does not necessarily involve reconciliation.

Difference from other approaches

According to American criminologist and professor Howard Zehr, restorative justice differs from traditional criminal justice in terms of the guiding questions it asks. In restorative justice, the questions are:

  1. Who has been hurt?
  2. What are their needs?
  3. Whose obligations are these?
  4. What are the causes?
  5. Who has a stake in the situation?
  6. What is the appropriate process to involve stakeholders in an effort to address causes and put things right?

In contrast, traditional criminal justice asks:

  1. What laws have been broken?
  2. Who did it?
  3. What do the offender(s) deserve?

Others, however, have argued that there are several similarities between restorative justice and traditional criminal justice and that some cases of restorative justice constitute punishment from the perspectives of some positions on what punishment is.

Restorative justice is also different from the adversarial legal process or that of civil litigation.

As Braithwaite writes, "Court-annexed ADR (alternative dispute resolution) and restorative justice could not be philosophically further apart." While the former seeks to address only legally relevant issues and to protect both parties' rights, restorative justice aims at "expanding the issues beyond those that are legally relevant, especially into underlying relationships."

Sign in to keep reading

7 more chapters are free with a Lably account.

More in Politics and economics