Chapter 14 - Restorative Justice

• Restorative Justice (RJ) reclaims conflict resolution.
• RJ has been practiced in different forms across various societies and eras.
• In the 13th century, the government took over conflict resolution, creating the penal system.
• Reliance on conflict-resolution professionals has increased, preventing individuals from resolving their own conflicts.

RJ and Theory

• From a structural functionalism perspective, RJ brings offenders out of anomie through resolving tensions with victims
• Social problems that created the state of anomie should be addressed.
• Recognizing the lived experience of the victim, offender and the community is a first step towards resolving the harm caused by the crime
• Conflict theory suggests people are ill-prepared to resolve conflicts due to the complexity of law.
• Conflict theory defers to professionals and suggests a shift from professionals to restoring community management of conflict.
• Symbolic Interactionism avoids further labeling and is about re-inclusion into the community.
• RJ views the problem as the behavior, not the individual's inherent worth.

Defining Restorative Justice

• RJ brings together many aspects of justice, aiming to restore relationships during and after conflict.
• RJ embraces all three thematic justice frames.
• RJ involves procedural justice through processes like victim-offender mediation.
• RJ uses substantive or distributive justice where participants express themselves and their needs.
• RJ is informed and founded on an ethical practice.

Four Pillars of RJ

• Embraces Conflict: Embraces conflictor problematic situations and solving conflict without delegating it to professionals.
• The Recognition of Social Problems: Recognizes social problems related to individual problems.
• The Experience of Agency: Requires individuals in conflict to actively participate in its resolution.
• The Ethical Practice of Leximin: Incorporates an ethic of doing no harm and protecting the most powerless

Basics of RJ

• Core principles include developing open, honest, communicative, and empathetic relationships.
• Promotes constructive conflict resolution
• Conflict can have positive results, improve communication and bring societal change
• RJ interventions reduce harm and create new, positive relationships.

Elements of RJ Practice

• Confidentiality and privacy are paramount in restorative conflict resolution.
• Facilitator needs to be impartial for acceptance of outcome
• Facilitator not benefit from process
• Competence is an integral part of professional practice in RJ.
• It is the capacity to empathize in ways that facilitate connecting individuals with themselves, compassion and courage.
• Storytelling lets offenders, victims, and communities express perspectives safely.
• Empowerment enables others, like the offender, to acknowledge harm and to inspire change

Adversarial vs Collaborative Problem Solving

• The adversarial legal system sets people against each other, with a winner and a loser.
• The adversarial legal system focuses on substantive needs like money
• Collaborative problem solvers achieve a solution that meets the needs and interests of the parties involved.
• Collaborative problem solvers should focus on substantive, procedural (timeline), and emotional/psychological needs.
• Values are a critical aspect the practitioner must be mindful of.

RJ and Indigenous Peoples

• RJ practices are applicable at both individual and societal levels, recognizing harm, dignity, strength, and autonomy.
• Ethical RJ considers the needs of marginalized and oppressed individuals or groups.
• A reliance on consensus and considers an individual as an integral part of the community
• It believes people cannot be assisted or understood if isolated from family or community.

RJ and Indigenous People uses of healing circles

• Resolving disputes before police involvement (pre-charge).
• Diverting charges via successful mediation (post-charge), utilizing alternative measures or victim-offender mediation.
• Determining sentencing
• Assists with reintegration and assistance to reestablish themselves after incarceration ends.

Criteria for Sentencing Circles

• Voluntary agreement by the accused to have recommendations as part of the judge’s considerations.
• Willingness of the victim to participate
• Victim had meaningful input
• Resolution of facts disputed
• Acceptance of responsibility by the offender for their actions
• Plea of Guilty
• Community support and willingness to be involved on behalf of the accused.
• Demonstrated intention to be rehabilitated

RJ in Schools

• RJ practices have been used in schools since the 1990s.
• It comes from the idea that traditional punishment detracts from developing young people with discipline to be on tie and adopt patterns of behavior outside the family
• Punishment can create anger, damage self esteem and be counter productive
• RJ offers a coherent multidimensional approach to problem solving in school, rather than reward and punishment

RJ and the Criminal Justice System

• RJ views the crime as a violation of people and relationships
• RJ wants to know how crime harmed people, including a breach of trust.
• RJ looks to create an obligation to make things right and promote search repair, reconciliation and reassurance.
• Victims and offenders encouraged to take active parts.

RJ and The Criminal Justice System Continued

• Compare Traditional Criminal Justice Approaches (Retributive vs Restorative Justice Approaches)
• There are 12 main points of difference between the two

Impact of RJ and Outcomes

• RJ goals are to reduce crime and restore relationships among the victim, offender, and community.
• Some victims felt worse after engaging in RJ.
• Approval rate from the victims was high, but less than that of offenders.
• Offenders more likely to engaging in RJ process then going through the criminal justice process.
• Positive results for reduction in recidivism for youth participating in RJ