Restorative Justice

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University of South Carolina *

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Political Science

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Apr 3, 2024

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Dominique Clayton Governors State University CJUS 8400 Justice System and Community Prof. Salm

Introduction Research Question: What is Restorative Justice and How Is effective is restorative justice in Jamaica? “What is restorative justice?” Is it a theory of justice? A new way of thinking about crime and justice? A set of values that should guide justice practices? Restorative justice is not easily defined because it encompasses a variety of practices at different stages of the criminal process, including diversion from court prosecution, actions taken in parallel with court decisions and meetings between victims and offenders at any stage of the criminal process. Restorative justice cannot be defined, in part because individuals may choose to define it as they wish, and in part because it is a complex and evolving concept. Some focus on types of processes (typically face- to-face meetings); others center on outcomes (e.g., any action that “repairs the harm caused by crime” (Bazemore & Walgrave, 1999, pp. 47–48); and still others combine process and outcome (Van Ness & Strong, 2006, p. 43). Restorative justice is based upon a fundamental truth regarding the nature of crime. Restorative justice was conceived as a different paradigm of justice from the dominant ‘obedience through punishment’ paradigm and proposed as an eventual replacement for existing criminal justice systems (Morris & Young, 2000; Walgrave, 1995; Walgrave & Bazemore, 2002; Wright, 1991, 1996; Zehr & Umbreit, 1982). Restorative justice replaces punishment of the offender as the basis for justice with attempts to heal the injuries of those directly involved in a crime: victim, offender, and their respective communities, comprised of family members and friends who care about them. For restorative justice to be ‘restorative’ it must involve those most directly affected. Every effort must be made to maximize the involvement and exchange of information between the affected parties (Zehr, 2002). Restorative justice requires that justice be done with offenders, engaging them in an active and responsive way, and, whenever possible, with victims and others affected by the specific incident (Wachtel, 2000; Wachtel & McCold, 2001). The essence of restorative justice is not the end, but the means by which resolution is achieved. Restorative justice seeks to include those most directly affected by a crime in the justice process, namely victims and survivors. Rather than a process focused on the offender, restorative justice focuses on those who have been harmed and the harm they have experienced. In the restorative justice process, victims are empowered to participate more fully than in the traditional system. The community plays an important role in the restorative process by establishing standards of conduct, helping to hold an offender accountable, and providing support to the parties involved and opportunities to help repair the harm that has occurred. The opportunity to express the harm a victim has experienced, full participation in decision making, and support from the community all aid in the healing in the aftermath of a serious crime. There are three core elements of restorative justice are the interconnected concepts of Encounter, Repair and Transform. Each element is discrete and essential. Together they represent a journey toward wellbeing and wholeness that victims, offenders and community members can experience. Encounter leads to repair, and repair leads to transformation. Encounter is the starting point, a facilitated meeting that brings together people most impacted by crime to determine how to repair harm. Encounters start with an invitation, and all parties participate voluntarily. There are three keys to effective encounters. Before offenders can

participate, they must take responsibility for their wrong and want to make amends. All stakeholders impacted by the wrongdoing victims, offenders, and community members have a voice in the justice process. Meetings that are encounters occur in safe spaces, foster vulnerability, and include free sharing without judgment. Because crime harms people and tears apart both relationships and communities, restorative justice seeks to repair harm from a broad perspective. Each stakeholder has unique needs that arise from crime. The victim’s need for healing. Victims heal through the encounter and its outcomes. The offender needs to make amends, as offenders must atone for wrongdoing and work to regain good standing in community. Encounters empower offenders to make amends directly to victims and potentially community members. The community’s need for relational health and safety. Family, friends, and others support victims and offenders as they heal and reintegrate into community. Restorative encounters create spaces that lead to transformed individual victims and offenders and pinpoint root causes of crime, even systemic and structural issues. Once identified, these systemic issues can be faced, dealt with, and potentially changed to foster more just systems and healthier, safer communities. Restorative Justice principles state that Crime is a violation of people and relationships. Crime hurts individual victims, communities, and offenders and creates obligations to put things right. Restoration means repairing the harm done and rebuilding relationships in the community. Victims and the community are central to the justice process. All parties should be a part of the response to a crime; victim (if he or she chooses to be involved), community, and the offender. The primary focus of a justice process is to assist victims and address needs. The victim’s perspective is key to determining how to repair the harm resulting from the crime. The secondary focus is restoring the community to the degree possible. The offender has a personal responsibility to victims and to the community for wrongs committed. Parties involved in the restorative justice process share responsibility for repairing harm through partnerships for action. The community has a responsibility for the well-being of all its members, including both victims and offenders. All human beings have dignity and worth. Victim and offender are both able to move forward with respect, and dignity, and are re-integrated into the broader community as much as possible. Literature Review Howard Zehr once said “Restorative Justice is respect. Respect for all, even those who are different from us; even those who seem to be our enemies. Respect reminds us of our interconnectedness, but also of our differences. Respect insists we balance concerns for all parties. If we pursue justice as respect, we will do justice restoratively.” The conventional criminal justice system views crime as a violation of laws. This approach puts the state at the heart of the process (Boyes-Watson, 2004): it is the courts, representing the state, which will attribute guilt and decide upon what is deemed to be appropriate punishment, so that the offender allegedly “gets what he or she deserves”. This effectively sidelines those most immediately affected by a crime, namely victims, and their families and friends; offenders and their families; and communities (Sawin & Zehr, 2007). Restorative justice is instead based on the premises that crime is a violation of, or harm to, individuals and their relationships; that this harm brings obligations to the person who is responsible for it and that he or she acknowledges this

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