What is Restorative Justice?

by Tony C. Brown, from the December 2002 Newsletter

Restorative justice represents a change in the paradigm through which we view crime and conflict. The focus of our current system of criminal justice is retribution, punishment and revenge. Healing the harm of crime becomes the central principle in the restorative paradigm of justice. This vision of restoration allows justice to offer a balanced focus on the healing needs of victims, offenders, and the community. Victims and offenders accept active roles in the justice process, rather than depending on the state to administer justice in an adversarial contest defined by rigid rules of law.

Restorative justice represents a transformation in our current justice paradigm, but it was once the accepted method of justice in Western culture and still is used in native and indigenous cultures around the world. The Maori people of New Zealand have used a process called family group conferencing for generations. This process and other similar circles are the models that are used in developing victim and offender encounter programs across the world. It is widely accepted that the first such program to occur in dominant Western culture in North America took place in Kitchenette, Ontario, in 1974. Today, there are hundreds of restorative justice programs spreading across the world.

Research is beginning to be published indicating that restorative justice offers measurable results in recidivism, cost effectiveness compared to traditional retributive criminal processes, and has much higher victim and offender satisfaction ratings than our criminal justice system. Restorative justice can be used as a diversion from the traditional process, as an alternative for those who do not want to involve the police, or at any time after adjudication. This new paradigm has proven successful in addressing crimes and conflicts ranging from schoolyard bullying all the way to murder. In theory, this process can be used to resolve international disputes and disputes between friends.

Restorative justice works to heal the harm of crime at four levels: physical, psychological, emotional, and spiritual. This paradigm is driven by a core set of values, which include: restitution, reparation, accountability, mercy, forgiveness, reconciliation, atonement, peace, justice, stability, love, empathy, and reintegration into the community for victims and offenders. Community ownership of restorative justice is central to making this more than another insignificant effort at reforming the billion-dollar prison complex.

It is not enough to voice support for restorative justice and then continue responding to crime and conflict in the traditional manner. Many of the advocates of this movement talk about what is called a 9-1-1 syndrome (or asking the state to solve all our problems). Progress toward justice as healing in Idaho can be seen in the Department of Juvenile Corrections, which has adopted a vision of restorative justice. Many legislative and agencies across Idaho have expressed interest or support for this paradigm. The Council on Reconciliation and Restorative and Transformative Justice (CORRTJ) offers regular education and awareness programs, which are open to the community. In October, CORRTJ offered a family group conference facilitator training for community members in Moscow and Spokane. CORRTJ now accepts case referrals directly from the community and is in the early stages of developing a working partnership with Latah County Youth Services. There is a need for more people of all ages to become actively involved in this work. Tentative plans call for additional facilitator training in the first quarter of 2003.

You can contact CORRTJ for more information on educational programs, the referral process, training information, or other matters of interest to you by phone at (208) 882-5416 or via email. Visit us on the Web at www.fcrjquaker.org.

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