Restorative Justice

In the past few years, I've had opportunity to do a few articles on the topic of restorative justice.  This does not make me an expert, but has certainly provided me with much food for thought.

When our son was little, he stole a roll of candies from the corner store. When I asked him where he'd gotten the candy and he confessed, we talked about why stealing is wrong, and how we should correct this situation. Together we walked back to the store, where he faced the store owner, admitted what he had done, and apologized. I don't think he ever stole anything again (at least not to my knowledge). This is a very simple example of restorative justice.

A website dedicated to restorative justice, defines it as a theory of justice that emphasizes repairing the harm caused or revealed by criminal behavior. It is best accomplished through cooperative processes that include all stakeholders. 

It is in our human nature to seek retribution when we or our loved ones are violated in some way. Our whole sense of what's fair in a situation comes into play. We want the offender to pay for their deeds. It is difficult to think otherwise when we have lost something or someone through crime.

I am not excusing criminal behavior or consequences for crimes committed. I believe that justice includes accountability for the offender. The question is, what is appropriate? Is there more than just a sentence that needs to be served? How can healing take place? After all, that should be the goal, should it not?  Healing for the offended - and, dare I suggest it? - for the offender.

As the name suggests, restoration is the premise of the restorative justice process.  It's easy for victims of violence to become entrenched in a cycle of hatred, revenge and a victim mentality, a cycle non-conducive to healing. The cycle, while understandable, begets further hatred and possible violence. Some kind of intervention is helpful in ending the cycle.

Restorative justice, where both victim and offender are willing, brings both parties together. It allows the offender to offer sincere regret for what they've done, to acknowledge their part in altering the lives of the offended, and to take responsibility for their actions. The victims or their families are given the opportunity to hear and acknowledge the apology - to know there is some regret on the part of the offender.

Confession provides healing, even if punishment is still due. It's a relief to confess what has been festering inside our souls. Hearing someone confess to us can also provide opportunity for mercy to make an appearance. Apologies do not remove effects of a crime. Mercy or forgiveness does not preclude a sentence fitting the crime. It does ease the heart of both parties to some degree. It can help to end the cycle of hatred and violence.

RJ is not a quick fix. Working through loss towards mercy or through guilt towards freedom can take a lifetime. We have heard the saying 'an eye for an eye, and a tooth for a tooth.'  But now, have been shown a better way.