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.

Stories of Restorative Justice

1. A young man broke into the house of an officer and stole several electronics. Those involved opted for a restorative justice approach and participated in a circle process, ultimately deciding that the offender would do chores in the officer’ s house to be held accountable for his theft. Because the stolen electronics were not as important to the officer as his children ’ s fear of home invasion, the restorative justice approach allowed his children and the offender to meet, listen, and learn, and eventually heal. The offender was able to explain his financial circumstances motivating the crime and understand the feelings of the officer’ s family. The family was then able to share their perspective, but also grow in empathy and understanding.

In the end, the officer who owned the home walked across the circle and gave the young man his business card, along with an invitation for him to call any time for assistance, or even just to play some basketball. While the young man was still held accountable for his actions, he was able to widen his support system and avoid incarceration.

Source: Group leader Jane Steinfels

2. Laura Coel, who was sexually abused as a child by her step-father, decided to participate in a restorative justice program years after her abuser was released from incarceration. Laura ’ s decision to forgive her abuser was rooted in a desire to move on from her childhood trauma and heal. The National Probation Service in Northumbria, who organized the discussion, prepared with Laura for 11 months before the event during which extensive efforts were made to ensure her safety. Laura was able to visit the meeting place beforehand and plan out where everyone would sit. The program also paid special attention to her mental health throughout the process and ensured she had access to a therapist before and after the meeting. During the event, Laura asked her abuser a set of questions she had sent him before the start of the meeting. During the meeting, the abuser apologized for his actions and Laura left no longer feeling angry, and ready to move forward with her life.

Source: https://www.bbc.com/news/uk-34571936

3. A white supremacist painted swastikas on multiple buildings including two synagogues and a congressman ’ s door. An attorney for the US Attorney ’ s office suggested that he participate in a restorative justice program so that he may better understand the impact of his actions.

Before the meeting, mediators listened to stories from the victims and the perpetrator who expressed no remorse for his actions. During the event, the victims described their side of the story and how his decisions caused them pain. As a result, the young man expressed extreme guilt for what he had done and promised never to do it again. Years later, the restorative justice program reached out to the man ’ s attorney who confirmed that he had not committed another hate crime.

Source: https://www.sdrjmp.org/stories/

For more stories on the success of restorative justice, visit here, or here!.