About Restorative Justice

Our present criminal justice system is built on centuries of historical anomalies and laws stemming from the middle ages. Briefly, it is based on the concept of a battle between the state/government (not the victim) and the accused; its outcome is winning or losing, punishment or vindication. Present day statistics show that the United States incarcerates more people than any other country. The recidivism rate indicates that this kind of justice is not working since it concentrates for the most part on punishment and little on rehabilitation. The victim too suffers in this system. Although there has been progress recently concerning the rights of the victim, there is still unequal representation. Restorative justice is an attempt to return to an ancient historical past where the administration of justice was a more inclusive system.

The fundamental concept of justice is giving to each person what is due to them and recognizing their basic rights. Restorative justice, as the name suggests, is about restoring broken relationships and healing individuals and communities. It does not do away with restitution or some form of punishment tailored to the crime, but it does bring the victim, the accused and the community together so that healing and restoring might take place.

Restorative justice embraces certain elements, such as mediation between the victim and the offender which includes taking time for each person to tell their story. Telling one’s story and listening with respect can not only be enlightening and informative but it also unleashes the power of good present in our souls. The power of a story can never be underestimated. Forgiveness is also a part of restorative justice and although it can never be the goal of the process or a requirement, it is something that one must consider along the journey to wholeness.

Restorative justice then is more than an encounter, more than individuals’ stories, more than forgiveness, more than another approach to the present criminal justice system. It doesn’t replace prison nor is it just for minor offenses. It is to some extent common sense. When a wrong has been done, it needs to be named and acknowledged. Those harmed need to grieve their losses, tell their stories, have their questions answered; those who have done the wrong need to accept responsibility and take steps to repair the harm to the extent possible.

Finally, restorative justice includes the community reminding us again that there is a social dimension to every crime. Once the victim, the community and offender are recognized and included in the search for justice, then we have embarked on a process we now call Restorative Justice.

 

 

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