Restorative Justice

Howard Zehr's 'The Little Book of Restorative Justice'

Why Restorative Justice?

• Victims -- the criminal justice system ignores the needs of victims, views crimes as offenses against the state -- (1) need answers (from offenders), (2) need to be able to tell the story of what happened (it is therapeutic) (often need to tell their stories to the ones who caused the harm), (3) being involved “in their own cases as they go through the justice process can be an important way to return a sense of empowerment to them,” (4) restitution (victim has need for vindication).
• Offenders -- the criminal justice system doles out punishment but does little to ensure that offenders “understand the consequences of their actions” or “empathize w/ victims” -- (1) accountability (encourages offenders to face up to what they’ve done, to understand the harm they’ve caused, to take steps to put things right), (2) “encouragement to experience personal transformation” (e.g., opportunities for treatment), (3) help reintegrating into the community.

RJ based on “an old, commonsense understanding of wrongdoing” (19):

• Crime is a violation of people and of interpersonal relationships.
• Violations create obligations.
• The central obligation is to put right the wrongs.

“Underlying this understanding of wrongdoing is an assumption about society: we are all interconnected.”

“Restorative justice requires, at minimum, that we address victims’ harms and needs, hold offenders accountable to put right those harms, and involve victims, offenders, and communities in this process” (25).

“A meeting allows a victim and an offender to put a face to each other, to ask questions of each other directly, to negotiate together how to put things right. It provides an opportunity for victims to tell offenders directly the impact of the offense or to ask questions. It allows offenders to hear and to begin to understand the effects of their behavior. It offers possibilities for acceptance of responsibility and apology” (26).

Goals of RJ: Putting things right, and addressing the cause of the crime. RJ also concerned w/ restoring and reintegrating both victims and offenders.

Underlying values. (1) Interconnecteedness -- “We are all connected to each other and to the larger world throughout a web of relationships. When this web is disrupted, we are all affected.” (2) Particularity -- “Although we are connected, we are not the same. Particularity appreciates diversity. It respects the individuality and worth of each person.” (3) Respect -- “Respect reminds us of our interconnectedness but also of our differences.”

RJ, defined: “RJ is a process to involve, to the extent possible, those who have a stake in a specific offense and to collectively identity and address harms, needs, and obligations, in order to heal and put things as right as possible.”

RJ goals:

• put key decisions into the hands of those most affected by crime,
• make justice more healing and, ideally, more transformative, and
• reduce the likelihood of future offenses.

Achieving these goals requires that:

• victims are involved in the process and come out of it satisfied,
• offenders understand how their actions have affected other people and take responsibility for those actions,
• outcomes help to repair the harms done and address the reasons for the offense (specific plans are tailored to the victim’s and the offender’s needs), and
• victim and offender both gain a sense of “closure,” and both are reintegrated into the community.

Guiding RJ questions:

• Who has been hurt?
• What are their needs?
• Whose obligations are these?
• Who has a stake in this situation?
• What is the appropriate process to involve stakeholders in an effort to put things right?

RJ practices. Conference or circles “d/n impose settlements. Each model allows an opportunity for participants to explore facts, feelings, and resolutions. They are encouraged to tell their stories, to ask questions, to express their feelings, and to work toward mutually acceptable outcomes” (45). Victim participation is voluntary, offender acknowledgment of responsibility is a prerequisite. “Normally, conferences are not held if the offender denies guilt or responsibility” (46).
Three models. Circles: participants get in circle, pass a “talking piece” around the circle in order to ensure that each person can speak, one or two facilitators. Circle includes victim, offender, family members, sometimes justice officials, sometimes community members.



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Restorative Questions (from iirp.edu):

1. What happened?
2. What were you thinking at the time?
3. What have you thought about since?
4. Who has been affected by what you have done? In what way?
5. What do you think you need to do to make things right?