Differences between Restorative
Justice and Conventional Justice
Andrew Rosenthal
Central Washington
University: Law and Justice- Pierce County Center
The History and Meaning of Restorative Justice:
Restorative
Justice is a branch of punishment that deviates from the conventional spectrum
and takes a look at the underlying issue of crime including the parties
involved. It is defined as, “Restorative justice is a process to involve, to
the extent possible, those who have a stake in a specific offense and to
collectively identify and address harms, needs, and obligations, in order to
heal and put things as right as possible” (Zehr 37). In essence restorative justice provides a
alternate way of addressing both the bad act committed but also the resulting
damage of the act caused to the victim and the community.
Historically
restorative justice is not a new concept; it has taken place through a variety
of forms. An early form of restorative justice was practiced by the Maori
people, “restorative justice has its roots in the indigenous rituals of New
Zealand communities where shaming of the offender was used as punishment for
wrongdoings” (Gumz 1). This early form of restorative justice focused on
targeting the bad act and making the offender feel responsible for the act. This
is not the only early use of restorative justice; Native American tribes
frequently practiced restorative justice through talking and sentencing circles
(United Nations 219). These general concepts were able to take hold during the
changes of society that occurred during the 1970s partially due to the feminist
movement which called for raising awareness of the needs of crime victims. This
idea took hold in Canada to a great extent and was able to progress to part of
America, Australia, and New Zealand (Gumz 2). Although the American form of
restorative justice is not as widespread and accepted as the Canadian form, it
does have a strong place in the system.
Four Differences between Restorative Justice and Conventional Justice:
There are some
distinct differences between how restorative justice and conventional justice
operate. One big difference comes in the form which ‘punishment’ is
implemented. In the regular justice model, punishment comes in the form of
locking someone up, in turn having the person incarcerated acts as a way to
punish them for the wrong they have committed. Restorative justice however,
provides a system of meetings rather than simply incarceration to provide a
more meaningful punishment (Zehr 21). These types of meetings are divided into
victim/offender, victim/offender and family members, community conferences and
community restorative boards provide a meaningful encounter to educate the
offender.
Another big
difference between the systems is the role of the offender. In the traditional
justice system, an offender gets caught, and then is sentenced for the crime
they committed and simply locked up to serve their time (Zehr 21). The
restorative system, gives an offender a more active role in being accountable
for the damage that has been caused, and repairing that damage as opposed to
just being punished for breaking a law.
The victim’s
role is also greatly changed between the systems. In the regular system, “many
crime victims feel “left out” of their own proceedings, which causes them to
feel frustrated and marginalized by the justice process” (Gromet 396).
Traditional justice provides the victim with a minor role almost limited to a
victim impact statement. In restorative justice however, the victim is a
primary role-player with a similar importance as the offender with the ability
to be actively involved with the meetings and directly confront the offender.
Almost absent
in conventional justice is the role the community plays. Most of conventional
justice occurs behind closed doors; the only real chance the community has to
play a role is in the form of a jury trial, other than that the community is
not really acknowledged as an important part. Through restorative justice, the
community takes a more active rule, as being a party that has been damaged and
needs to be healed. The community also plays a role in the process through
being a part of community conferencing and community reparative boards.
Five Unique Benefits of Restorative Justice for Social Justice
To accurately
describe five benefits of restorative justice in terms of social justice, first
we need to gain a understanding of what social justice entails. In relation to
social work it is described to include the ethical need to challenge injustice
on a individual or group levels, protection those vulnerable to oppression, and
provides equality and human relationships (Gumz 1).
One
benefit of restorative justice with regards to social justice is the attempt to
save the offender from ostracizing themselves from society. With restorative justice, the offender is able
to maintain an active role in society and not be condemned as a person but have
the act be condemned. It provides a way for an offender to have equal access to
methods of rehabilitation and acknowledge the damage caused, and provides a
method reintegrate into society (Gromet 2).
The
victim also sees some unique benefits, restorative justice allows, “Restore victims.
Materially and psychologically, to where they were before the crime occurred” (Gromet
2). It allows the victim to have a equal and fair part of the process and
confront the offender. It also works to compensate the victim for the damage
that was caused which is not all that prevalent in traditional justice.
The community
receives a few specific benefits from restorative justice that fits under the
social justice tree. What was found in the Vermont study, the community is able
to be more involved with the system and take up an active role. Restorative
justice sees crime as not just a violation of laws but a violation of the
public’s trust, and allowing the public to have a active role provides a sense
of equality. It also allows the community to be compensated for the damage that
was caused to them and move on in a positive direction as a result.
The
procedure of restorative justice provides a method which social justice
principles are fulfilled. Unlike
traditional justice, restorative justice provides a means for all parties to be
involved equally, “so that justice is provided to the offender, victim, and the
community” (Gumz 3). Each party is not taken away from the equation and is
given a fair opportunity to have an equal say in the process.
Another aspect of social justice
that is prevalent among restorative justice and not conventional justice is
human relationships. Restorative justice provides a sense to repairing harm
done, not leave wounds to heal on their own. Restorative justice usually includes
a face to face interaction between all parties involved (Gromet 2) which allows
humans to directly confront and come to agreements about the harm that was
done. The offender is able to come to terms with the actions they have taken
and be involved in a direct discussion about the harm caused with the victim
and community. This also allow the community to maintain its interest on
healing wounds between its members and provides the victim the opportunity to
deal with the offender as a human and confront them directly, empowering the
victim. All of these aspects of restorative justice include human relations
which is key part of social justice.
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