Restorative justice

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Restorative justice is an approach to justice that aims to repair the harm done to victims.[1][2] In doing so, practitioners work to ensure that offenders take responsibility for their actions, to understand the harm they have caused, to give them an opportunity to redeem themselves, and to discourage them from causing further harm. For victims, the goal is to give them an active role in the process,[3] and to reduce feelings of anxiety and powerlessness.[4] Restorative justice programs can also complement traditional methods, such as retributive justice, and it has been argued that some cases of restorative justice constitute punishment from the perspectives of some positions on what punishment is.[5]

Though academic assessment of restorative justice is positive,[4][6][7] more recent studies have shown that academic performance falters in school districts where restorative justice is practiced.[8] Proponents argue that most studies suggest it makes offenders less likely to re-offend.[9][10][11] A 2007 study also found that it had a higher rate of victim satisfaction and offender accountability than traditional methods of justice delivery.[4] However, practitioners have commented that the field has attracted increased risks of revictimization.[12] Its use has seen worldwide growth since the 1990s.[13] Restorative justice inspired and is part of the wider study of restorative practices.

One response to a crime, in a restorative justice program, is to organize a meeting between the victim and the offender.[14] This is sometimes done with representatives of the wider community.[15] The goal is for them to share their experience of what happened, to discuss who was harmed by the crime and how, and to create a consensus for what the offender can do to repair the harm from the offense.[16] This may include a payment of money given from the offender to the victim, apologies and other amends, and other actions to compensate those affected and to prevent the offender from causing future harm.[17] However, restorative justice practices are firmly rooted in the needs of the victim, and may simply support holding the perpetrator accountable and the sharing of victim impact statements without dialogue.[18]

  1. ^ Wilson, Jon. "Victim-Centered Restorative Justice: An Essential Distinction" (PDF).
  2. ^ "Restorative Justice 101 for Victims – Just Alternatives". Retrieved 2023-10-15.
  3. ^ Rebecca Webber, "A New Kind of Criminal Justice", Parade, October 25, 2009, p. 6. Retrieved 8 July 2019
  4. ^ a b c Lawrence W Sherman & Heather Strang (2007). "Restorative Justice: The Evidence" (PDF). University of Pennsylvania.
  5. ^ Gade, Christian B. N. (2021). "Is restorative justice punishment?". Conflict Resolution Quarterly. 38 (3): 127–155. doi:10.1002/crq.21293. S2CID 230548330.
  6. ^ Cite error: The named reference lmd05 was invoked but never defined (see the help page).
  7. ^ Cite error: The named reference ca02 was invoked but never defined (see the help page).
  8. ^ Barshay, Jill (2019-05-06). "The promise of 'restorative justice' starts to falter under rigorous research". The Hechinger Report. Retrieved 2023-10-15.
  9. ^ Cite error: The named reference hayes was invoked but never defined (see the help page).
  10. ^ Cite error: The named reference sbicca was invoked but never defined (see the help page).
  11. ^ Cite error: The named reference braithwaite was invoked but never defined (see the help page).
  12. ^ "Restorative Justice 101 for Victims – Just Alternatives". Retrieved 2023-10-15.
  13. ^ Joanna Shapland (December 2013). "Implications of growth: Challenges for restorative justice". International Review of Victimology. 20: 111–127. doi:10.1177/0269758013510808. S2CID 145088610.
  14. ^ "Accountability Dialogues – Just Alternatives". Retrieved 2023-10-15.
  15. ^ Capstick, Lily (18 September 2019). "Restorative Justice Circles and the Community Member's Role". The Conflict Center. Retrieved 9 August 2024.
  16. ^ "Restorative Justice Literature Review" (PDF). Office of Juvenile Justice and Delinquency Prevention. Dept. of Justice Office of Juvenile Justice and Delinquency Prevention. Retrieved 9 August 2024.
  17. ^ Jackson-Green, Bryant (6 August 2015). "Restorative-justice programs ensure that property-crime victims are compensated for their losses and reduce prison costs". Illinois Policy.
  18. ^ "Victim Impact Statements – Just Alternatives". Retrieved 2023-10-15.