Restorative Justice
- wongc22
- Jan 2, 2022
- 2 min read
- How restorative justice can lead to better outcomes
What is restorative justice?
Restorative justice is an approach to criminal behavior that promotes healing for all parties affected by that behavior. It aims to restore harmony by repairing the human relationships that have been damaged by the offender. This contrasts with retributive justice, which seeks to exact punishment on the offender. Crime, from a restorative justice view, is more than a violation of the law put in place by the state. Rather, it is an offense that affects everyone—the victim, the friends and family of the victim, the offender’s friends and family, the community, and even the victim themselves—in a different way. As such, it cannot be simply rectified by unilateral action by the state—punishment, especially in the form of incarceration or fines, fails to address the damage done to everyone involved. A restorative justice approach focuses on accountability rather than guilt.
Restorative justice in practice
The restorative justice approach is generally more appropriate for nonviolent offenses, though there are notable exceptions. In practice, restorative justice starts with a consensual dialogue between the affected parties—usually the victim and the offender, but sometimes other affected parties as well. The dialogue is centered on accountability—how the offender can take responsibility for their actions and make things right with the affected parties. Usually, this involves restitution (payment to the victim) and community service. In addition, the dialogue provides the opportunity for reconciliation between the victim and the offender.
Why restorative justice is important
Restorative justice can transform the justice system. By providing an alternative to retributive punishment, it represents a partial solution to mass incarceration. With restorative justice, prison does not have to be the preferred response to crime—there is an opportunity for a more humane response. Given the extremely high rate of incarceration in the US for both violent and nonviolent crimes, the reduction in the prison population through restorative justice solutions could be invaluable for the prison reform effort. Overall, restorative justice rejects the dehumanization of offenders by encouraging a more compassionate and organic approach to crime.
Sources
Comments