Restorative justice model: is it the best criminal justice tool?

Posted: April 29th, 2018

Restorative justice model: is it the best criminal justice tool?

Restorative justice is a model of criminal justice that focuses on repairing the harm caused by crime and restoring the relationships between offenders, victims and communities. It is based on the principles of accountability, empathy, dialogue and reparation. Restorative justice practices include victim-offender mediation, family group conferencing, circle sentencing and restorative conferencing. These practices aim to provide a space for dialogue, healing and reconciliation, as well as to address the underlying causes of crime and prevent its recurrence.

Restorative justice has been widely advocated as an alternative or a complement to the traditional retributive justice system, which is based on punishment, deterrence and isolation. Supporters of restorative justice argue that it offers several benefits, such as:

– It empowers victims by giving them a voice and a choice in the resolution of the conflict, as well as an opportunity to express their needs and emotions, receive an apology and restitution, and participate in the decision-making process.
– It holds offenders accountable by making them face the consequences of their actions, acknowledge the harm they have caused, take responsibility for repairing it, and learn from their mistakes.
– It fosters social harmony by promoting dialogue, understanding and mutual respect among the parties involved, as well as by involving the wider community in the restoration of peace and justice.
– It reduces recidivism by addressing the root causes of crime, such as poverty, trauma, addiction or mental health issues, and by providing offenders with support, guidance and opportunities for personal growth and social integration.

However, restorative justice also faces some challenges and limitations, such as:

– It depends on the voluntary participation and cooperation of the parties involved, which may not always be possible or desirable, especially in cases of serious or violent crimes, or when there is a power imbalance or a lack of trust between them.
– It may not adequately protect the rights and interests of the parties involved, especially the victims, who may feel pressured or coerced to participate, or who may not receive adequate support or protection during or after the process.
– It may not address the structural and systemic factors that contribute to crime and injustice, such as inequality, discrimination or corruption, or that hinder the implementation and effectiveness of restorative justice practices, such as lack of resources, training or legislation.
– It may not satisfy the public expectations or demands for justice, which may be influenced by media representations, political agendas or social norms that favor punitive or retributive responses to crime.

Therefore, restorative justice is not a panacea or a one-size-fits-all solution for all types of crimes and conflicts. It is a complex and context-specific approach that requires careful consideration of its goals, principles, methods and outcomes. Restorative justice may not be the best criminal justice tool in every situation, but it may offer a valuable alternative or a complement to the traditional system in some cases. Restorative justice may not be able to undo the harm caused by crime, but it may be able to transform it into an opportunity for healing, learning and change.

References:

Braithwaite J (2002) Restorative Justice and Responsive Regulation. Oxford University Press.

Johnstone G (ed) (2011) Handbook of Restorative Justice. Routledge.

Sherman LW and Strang H (2007) Restorative Justice: The Evidence. The Smith Institute.

Van Ness DW and Strong KH (2015) Restoring Justice: An Introduction to Restorative Justice. Routledge.

Zehr H (2015) The Little Book of Restorative Justice: Revised and Updated. Good Books.

Zinsstag E and Keenan M (eds) (2017) Restorative Responses to Sexual Violence: Legal,
Social and Therapeutic Dimensions. Routledge.

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