Restorative Justice

Read this article, which describes the key differences between retributive and restorative justice. In social and political philosophy, there are traditionally two major types of justice: distributive justice describes how the status, wealth, and goods in society will be portioned out from the beginning, and retributive justice describes punishments, penalties, and restitution for situations where someone wrongs someone else and breaks a social contract. In recent years, retributive justice theory has been contrasted with restorative justice: retributive justice focuses on punishment and penalty, while restorative justice focuses on restitution and restoring community relationships.

1. Definition

Restorative justice is an approach to justice in which one of the responses to a crime is to organize a meeting between the victim and the offender, sometimes with representatives of the wider community. 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. 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.

A restorative justice program aims to get offenders to 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, its goal is to give them an active role in the process and to reduce feelings of anxiety and powerlessness. Restorative justice is founded on an alternative theory to the traditional methods of justice, which often focus on retribution. However, restorative justice programs can complement traditional methods, and it has been argued that some cases of restorative justice constitute punishment from the perspectives of some positions on what punishment is.

Academic assessment of restorative justice is positive. Most studies suggest it makes offenders less likely to reoffend. A 2007 study also found that it had a higher rate of victim satisfaction and offender accountability than traditional methods of justice delivery. Its use has seen worldwide growth since the 1990s. Restorative justice inspired and is part of the wider study of restorative practices.

Definition

According to John Braithwaite, restorative justice is:

...a process where all stakeholders affected by an injustice have an opportunity to discuss how they have been affected by the injustice and to decide what should be done to repair the harm. With crime, restorative justice is about the idea that because crime hurts, justice should heal. It follows that conversations with those who have been hurt and with those who have inflicted the harm must be central to the process.

Although law professionals may have secondary roles in facilitating the restorative justice process, it is the citizens who must take up the majority of the responsibility in healing the pains caused by crime. The process of restorative justice thus shifts the responsibility for addressing crime.

In 2014, Carolyn Boyes-Watson from Suffolk University defined restorative justice as:

...a growing social movement to institutionalize peaceful approaches to harm, problem-solving and violations of legal and human rights. These range from international peacemaking tribunals such as the South Africa Truth and Reconciliation Commission to innovations within the criminal and juvenile justice systems, schools, social services and communities. Rather than privileging the law, professionals and the state, restorative resolutions engage those who are harmed, wrongdoers and their affected communities in search of solutions that promote repair, reconciliation and the rebuilding of relationships. Restorative justice seeks to build partnerships to reestablish mutual responsibility for constructive responses to wrongdoing within our communities. Restorative approaches seek a balanced approach to the needs of the victim, wrongdoer and community through processes that preserve the safety and dignity of all".

Source: https://en.wikipedia.org/wiki/Restorative_justice#Difference_from_other_approaches
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