Restorative Justice looks at crime in terms of harm that has been done, rather than rules which have been broken. It seeks to repair the harm caused by crime. Sometimes the harm that is done is not measurable in a court of law. Harm can be physical but it can often be emotional. Relationships and community are also harmed by crime, not just individuals.
Restorative Justice seeks to include all the people that have been affected by crime in finding solutions. It holds offenders accountable and encourages them to take responsibility for their actions. It offers victims the opportunity to ask questions that only the offender can answer, express how it affected them, and be part of determining a meaningful way to repair the harm.
The way this most often works best is by people talking face to face in a mediated process. First, a trained mediator meets with participants individually to prepare them for the meeting. In this meeting, all participants have a chance to speak about what happened and how it affected them. Often there is a change that happens when people feel heard and understood. Once this has happened, then discussing what to do and coming up with a meaningful solution comes more naturally. Offenders are more likely to fulfill restitution agreements if they have been part of this process than if it was determined by a judge.
Is it Restorative? The Five Big Questions All processes, programs, practices and/or activities can be restorative if they are values based, stakeholder focused and are grounded in the three goals of community protection, competency development and accountability. To help with evaluating if an intervention is consistent with Balanced and Restorative Justice, ask the following five questions:
Does the process, program, practice or activity show equal concern for victims, offenders and community?
Does it encourage offender accountability to repair the harm caused to the victim, family and community and focus on the repair rather than on punishment?
Does it provide opportunities for direct and/or indirect dialogue between the stakeholders?
Does it encourage collaboration, power-sharing and re-integration rather than isolation or silo building?
Does it involve and empower the affected community to increase its capacity to recognize and respond to harm and crime for all community members?
What are the benefits of Restorative Justice?
Victims feel heard and included in the process of justice
Victims have the chance to ask questions that only the offender can answer
Offenders feel like they have a genuine opportunity to put things right
Offenders are confronted with the emotional impact of their crime
Larger problems can come to light that the community can start to address