Restorative Justice 101

Here is the “Norm”…
A family or community is living normally. Everything is going along well. Then suddenly someone interferes with the living patterns of the family or community – by going against what everyone believes. The person commits a CRIME against others – either personally or against the community as a whole.

The Crime is not the important item here – the whole community is.

Normally the police and the court will then remove the Criminal from the community and the people that he has CRIMED against. The separation is our way of dealing with this man or woman.

The NORM leaves the community or person without any help at all. The outsiders that make decisions feel “Justice” has been done by the person being removed from the place of the Crime – where he CRIMED everyone or someone.

What is forgotten is that the community and usually one person were CRIMED against. They still have not been helped and the hurt that took place when the CRIME took place is still there. It is like an open wound for a very long time – that may never heal. They will live in fear, frustration, hatred, and with a million other hurtful emotions – maybe for the rest of their lives!

The NORM in dealing with the CRIMINAL and the COMMUNITY is to separate them. But the NORM also includes the fact that we do nothing for the people CRIMED against – except tell them, “It is okay now, you can get on with life.”

By saying that we do the next step… we CRIME against the community or person again.

Normally we, the community, see the issue over and done with if we lock the doors and throw away the key for as long as it takes for us to forget about it. But the Criminal and the CRIMED against community – individual or group – never forget.

This is the Not-so-Norm…
Something entitled Restorative Justice is desperately needed.

In Canada this is “Restorative Justice Week” coming up and that is why I write about something so important.

I found these words helpful…
“Restorative justice is a theory of justice that emphasizes repairing the harm caused or revealed by criminal behaviour. It is best accomplished through cooperative processes that include all stakeholders.”

Practices and programs reflecting restorative purposes will respond to crime by:
A. identifying and taking steps to repair harm,
B. involving all stakeholders, and
C. transforming the traditional relationship between communities and their governments in responding to crime.

Practically it works this way…
First it looks away from the NORM that we have today. Everyone in the CRIMED community is hurt. So they are all allowed to be involved in unraveling the mess that was created.

Now that sounds simple – but it isn’t. Taking the Criminal to court them locking them up is SIMPLE. Restorative Justice is creative and at times complicated – but it works.

Restorative Justice works by using tools. Some of the tools/programmes and outcomes typically identified with restorative justice include:
1.) Victim offender mediation
2.) Conferencing
3.) Circles
4.) Victim assistance
5.) Ex-offender assistance
6.) Restitution
7.) Community service

From the list you can see that the people that were CRIMED against are involved completely to see their justice done.

The NORM today only wants their involvement until the testimony is given and the court case is over – then they are told to “Get over it and move on…”

Restorative Justice will not allow that to take place. But rather for as long as it takes the whole CRIMED against community is allowed to be involved if they so desire.

Three principles form the foundation for restorative justice:
1.) Justice requires that we work to restore those who have been injured.
2.) Those most directly involved and affected by crime should have the opportunity to participate fully in the response if they wish.
3.) Government's role is to preserve a just public order, and the community's is to build and maintain a just peace.

The NORM today generally does not allow #3 to take place. It definitely won’t allow #2 and #1 – because we have given over that right to well educated and highly paid lawyers that argue for and against the CRIMINAL… and not for the CRIMED against.

My question is – “How can we change the system that we have? Is there a better way – instead of a bitter way? Then – what can I do to help my community?"

Can you imagine?
Can you imagine if we ran our families the way that the country and government conducts itself? When our son or daughter does something bad – we simply lock them up in a room. They will stay in that room until our pronounced sentence is served out. If the CRIME was bad enough the “Criminal” would be placed in smaller and worse conditions, and all freedom would be taken away completely…for a much longer time.

Seems to me… that I would make that son or daughter even more angry and isolated from all the rest of his world. Do you suppose that there might be issues that need to be dealt with after it was over? I know there would be.

We would never do that in our family! So why do we do that in the community and then expect or demand that our government do it for us to OUR KIDS when they get in trouble in the real world?

Wikipedia makes great statement about Restorative Justice…
“Restorative Justice is commonly known as a theory of criminal justice that focuses on crime as an act by an offender against another individual or community rather than the state. Dialog between the offending person and the person who has been harmed is a central process within restorative justice. The person who has harmed takes responsibility for their actions and the person who has been harmed is able to take a central role in the process, in many instances receiving an apology and reparation directly or indirectly from the person who has caused the harm through the use of a mediator or facilitator.”

I have come to realize one thing that is of ultimate importance – I can watch, I can read about it, I can criticize the system… but until I get involved it is all useless.

~ Murray Lincoln ~

Sources:
http://www.restorativejustice.org/intro
http://en.wikipedia.org/wiki/Restorative_justice