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Restorative Justice

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Peace and Conflict Studies
PACS 202
Brent Needham

2013-11-19 Restorative Justice From “Crime to Punishment”  Crime  Charge  Plea  (Trial)  Conviction  Sentencing  (Incarceration, restitution order, community service) Crown attorney look at the situation and decide whether or not it needs to go through trial  That there are a lot of potential for possibly resolution outside of court  Divert it and send it to restorative justice hey do you want to mediate  Agreement goes back to crown attorney, case never ends up going through court  Success rate tends to be greater than ones that goes through court system  If does not want to, take it to plea  Restorative justice is a vehicle that can help divert cases from going through the court  Can dealing with something before someone gets charged  An alternative approach to deal with conflict when its criminal cases Justice Needs: Harms create needs Impacts of Victimization Resulting Needs  From autonomy to loss of control  Safety & fear  Empowerment  From connection to isolation,  Acknowledgement stigmatization and shame  Vindication  From meaning to disorder and  Answers confusion  Restitution For criminal Judge is accountable, and tend to comply less to the orders placed upon them Justice Needs: Harms create needs Impacts of Offending Resulting Needs  Damage to victim  Accountable to those harmed  Damage to self (isolation, … what is accountability? stigmatization and shame)  Opportunity for personal transportation  Damage to family  Damage to community  Support  Incapacitation 2013-11-19 History of Criminal Justice in Western Society Philosophy Principles Retribution (equal)  13thc  Wrong is righted  Judaeo-Christian by inflicting similar  Idea of blood harm atonement  Offender (morally) deserves this (just desserts) Utilitarian  Rational choice  Punishment must theory maximize social  18thc good  Criminal law  Least amount that reforms will deter ( specific & general) Punish individual with the least punishment that will made the greatest impact How much punishment do we need to meet out in order to deter the greatest amount of people? Whose paying attention? A Fifth Principle  A way of thinking about justice..  Moving from justice as consequences (ie. Punishment) towards justice as healing (ie. Meeting needs)  Justice as a noun to a verb Restorative Justice Develops  From Elmira to.. o Learning from collective wisdom  Aboriginal: Justice Circle, they’ve been doing it for a long time  Other continents Restorative Justice: Meet needs directly Direct contact between Victim and Offender Restorative Justice & criminal justice together 2013-11-19  RJ emerged as a critique of the criminal justice system  Much of the RJ literature still speaks from this lens  Emerging literature focused on the mutuality between criminal justice and restorative justice, as RJ as the fifth principle.. o Why? o CJ & RJ as mutually supporting one another  Key Questions of Criminal Justice What sentence is appropriate? Who did it? Are they guilty? What law has been broken? Decisions & Power in Criminal Justice  Judge  Crown attorney  Defence lawyer  State  Offender  Victim 2013-11-19 Critique of Criminal Justice System  Most are not solely interested in retribution  Mainstream process historically disempowered primary stakeholders  Restorative justice allows for “retribution” where appropriate  Restorative justice empowers key stakeholders in a way that is right for them Key Questions of Restorative Justice 1. Who has been hurt of impacted? 2. What are their needs? 3. Whose obligation/responsibility is it to meet these needs? 4. What is the best process for addressing hurt and accountability? 5. What needs to be done to put things as right as possible? Whose hurt and whats going to meet that hurt? Differe
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