Juvenile Justice Summer Research Project 2021
The Practice of Restorative Justice Written by Mimi Lee-Sacred Heart Greenwich, Anna Wiss-Villa Duchesne, and Olivia Rounsaville-Convent & Stuart Hall Today’s criminal justice system often utilizes a punitive approach to justice, one which intends to identify and punish perpetrators of a crime. While some believe this method to be effective in all criminal justice cases, the punitive justice process is not always the most useful or sustainable option. Punitive justice, often resulting in incarceration of the offender, neglects an examination of the root causes and circumstances of the crime. Moreover, punitive justice does not ensure any healing, not only for the victim and the surrounding community, but for the offender as well, instead focusing only on proportionate punishment. Restorative justice, on the other hand, offers a different approach in enacting justice. Originating from traditions of Indigenous peoples, restorative justice differs from punitive justice in that it does not only focus on laws broken by an individual. Rather, the restorative justice method operates under the premise that reconciliation between the parties involved in the crime is the most effective way to promote healing and justice. Restorative justice addresses the harm done to people, relationships, and communities by a crime, and seeks ways to repair this harm. Necessitating a facilitator, and the willing participation of all parties involved in a crime, the restorative justice process grants both the perpetrator and victim an equal voice in recounting the circumstances of a crime and its impact. These types of discussions are often referred to as “circle processes.” Through forming a relationship and establishing empathy, both parties can more effectively reach an agreement on the offender’s consequences and steps moving forward.
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