Evelyn Zellerer, Ph.D.
www.ezellerer.com
June 2004
Restorative justice refers to a broad vision of how we
can understand crime and achieve justice. I briefly outline
the vision by summarizing generally agreed upon, core
principles.
Restorative justice begins with the understanding that
crime is not simply lawbreaking. Crime harms victims and
communities; it is a violation of people and relationships.
Violations create an obligation to make things right.
Justice seeks to heal and put right the wrongs.
A restorative process creates an opportunity for victims,
offenders, and communities of interest to come together
to discuss the wrongdoing and develop a plan of action
for resolution. These stakeholders assume an active and
directive role. Authority is decentralized and partnerships
are created to solve problems and to achieve effective
crime prevention. Government retains a role in helping
to establish a just order and in protecting civil liberties.
Offenders are held accountable whereby “accountability”
is defined as accepting responsibility for one’s
behavior, understanding the harm caused by the behavior,
and taking action to repair the harm. Sanctions must be
tailored to the specific crime committed and specific
offender. Justice is not achieved simply through the imposition
of punishment.
The process and the outcomes focus on repairing harm,
healing, and attending to damaged relationships as a result
of crime. The various dimensions of harm to victims and
communities are addressed, such as financial loss, physical
injury, emotional suffering, property damage, etc. Attention
is also directed at uncovering root causes of criminal
behavior and building offender competencies in areas such
as education or employment.
Rather than permanently stigmatizing or ostracizing
someone who commits a crime, offenders who take responsibility
for their crime are positively reintegrated back into
their communities, with resources to assist them in leading
a law-abiding life. Note that reintegration can also apply
to victims since they may feel disconnected or even stigmatized
as well.
Restorative justice takes safety issues into account.
Offenders are assessed and responded to according to their
individual situation, including their risk to others.
Offenders are monitored and supervised in terms of fulfillment
of sanctions and agreements. While the use of incarceration
should be limited, certain offenders require secure custody
when they pose too great a threat to others. Restorative
values can, nonetheless, be applied in any setting, including
prison.
Public safety, especially in the long-term, is ultimately
achieved by building the capacity of communities to control
and prevent crime. Crime is a community problem. Restorative
justice strengthens communities by advocating problem
solving between victims, offenders, families, friends,
community members, non-governmental organizations, and
government officials. Justice requires a collaborative
effort. There is a commitment to broader transformation
of communities to overcome inequities and increase the
overall quality of life for all.
Restorative justice is thus not simply a program but
a new framework for achieving justice. Since the 1990s,
there has been a growing global movement toward restorative
justice. Various programs and strategies have begun to
be implemented around the world, such as conferencing,
circle sentencing, and community reparative boards. A
particular project can be deemed restorative based on
its commitment to the principles of the paradigm. Following
the Tenth United Nations Congress on the Prevention of
Crime and the Treatment of Offenders in Vienna in 2000,
there has been further international discussion and endorsement
of basic principles on restorative justice.
The restorative vision and its practical implementation
remain in their infancy of development. As shown in this
brief overview, restorative justice is a process as well
as an outcome. Restorative justice addresses the injustices
of crime. Victims, offenders, and communities are given
the opportunity to come together as respected participants
in the process. Justice is about accountability, reparation,
and healing. Restorative justice provides a sound path
toward healthier and safer communities.
Selected Bibliography
Bazemore, G. and Schiff, M. (Eds.). (2001). Restorative
community justice: Repairing harm and transforming communities.
Cincinnati: Anderson Publishing.
Bazemore, G. and Walgrave, L. (Eds.). (1999). Restorative
juvenile justice: Repairing the harm of youth crime.
Monsey, NY: Criminal Justice Press.
Braithwaite, J. (2002). Restorative
justice and responsive regulation. New York: Oxford
University Press.
Braithwaite, J. (1989). Crime, shame and reintegration.
Cambridge: Cambridge University Press.
Galaway, B. and Hudson, J. (Eds.). (1996).
Restorative justice: International perspectives.
Monsey, NY: Criminal Justice Press.
Strang, H. and Braithwaite, J. (Eds.). (2000).
Restorative justice: Philosophy to practice. Burlington,
VT: Ashgate Publishing.
Van Ness, D. and Heetderks Strong, K. (2002).
Restoring justice. 2nd Ed. Cincinnati, OH: Anderson
Publishing.
Zehr, H. (1990). Changing lenses.
Scottsdale, Pa: Herald Press.
Zehr, H. and Mika, H. (1998). “Fundamental
concepts of restorative justice.” Contemporary
Justice Review 1(1): 47-55.
