Restorative justice is a philosophy that shifts the focus of the justice process from being focused on the offender to resolving the problem and restoring the harm created by the offender s actions.
Restorative justice has three primary stakeholders: the victim, the offender, and the community.
The state gives up its central role in dispensing justice and assumes the function of facilitating reparation of the harm done to the victim and the community.
The harm caused the victim and community is assessed by the parties involved, and the offender is accountable for restoring the victim and community, as much as possible, to their pre-offense condition.
There are three fundamental concepts that define the essence of a restorative justice approach:
A restorative justice response proposes the victim will have the option of being included in determining how the criminal behavior is addressed. This does not give carte blanche to a victim to decide on a course of retribution for the offender without protection of the offender s due process rights. It does mean that victims play an active role, if they choose to, from the beginning to the conclusion of the process.
Victim impact statements and victim-offender mediation approaches are examples of including victims in a restorative justice system. These approaches may include many people from the community interacting with the offender and the justice system to identify the aftermath of the crime and search for acceptable ways of addressing it.
In a truly restorative justice context, communities would provide leadership to the entire process. However, involving communities in restorative justice strategies is very difficult, in part because this practice has not been undertaken routinely in the recent past. People often grapple with the concept of community without fully resolving them. Involving citizens in creative problem-solving and resource development is a vital part of a restorative justice approach.
Focusing on the harm caused by offenses to victims and communities necessitates a shift in the response to crime. Emphasis is placed on natural and logical consequences of his or her criminal behavior. For example, if the victim was injured, an offender might have to pay for medical costs or do tasks the victim cannot perform while healing from the injuries.
Active participation of offenders in the justice process also is a feature. Restorative justice involves the offender in active encounters with victims and community members. Offenders must hear about the consequences of their behavior from their victims and they must respond to victims and community members questions about the cause of the behavior. They are also engaged is designing appropriate ways of restoring victims and the community, as much as possible, to their condition before the crime occurred.
Accountability literally means to answer to, explain something, or to give an account. The offender has responsibility for reaching a conclusion about what the harm is, owning it, and taking action to repair it. Accountability is victim-focused rather than offender-focused. It involves the development of empathy for victims and an understanding of the harm done. The primary obligation is to restore the victim, not change the offender.
Reintegration of the offender is an objective of offender rehabilitation and often is an outcome of the restorative justice process, although it is not the primary intent of restorative justice. By assuming and carrying out tasks to restore victims and the community, offenders may learn valuable skills and form supportive associations that will lead to more pro-social lifestyles.