What is restorative justice?

My favorite definition of restorative justice is from Suffolk University’s Center for Restorative Justice (http://www.suffolk.edu/college/1496.html), and was written by Carolyn Boyes-Watson:

“Restorative justice is a broad term which encompasses a growing social movement to institutionalize peaceful approaches to harm, problem-solving and violations of legal and human rights.

These range from international peacemaking tribunals such as the Truth and Reconciliation Commission of South Africa to innovations within our criminal justice system, schools, social services and communities.

Rather than privileging the law, professionals and the state, restorative resolutions engage those who are harmed, wrongdoers and their affected communities in search of solutions that promote repair, reconciliation and the rebuilding of relationships. Restorative justice seeks to build partnerships to reestablish mutual responsibility for constructive responses to wrongdoing within our communities.

Restorative approaches seek a balanced approach to the needs of the victim, wrongdoer and community through processes that preserve the safety and dignity of all.”

I have been interested in how people solve problems most of my life. Being an educator since 1971 when I finished a Montessori teacher training course, and a lawyer since 1983, for both state government and private individuals, I especially appreciate the idea that restorative justice gives a voice to everyone; it allows us all the opportunity to participate, and does not require professionals or experts to be our representatives when we are faced with problem solving and healing.

While it is nice to think maybe we can get others to deal with our problems for us, the ones that cause us the most pain, sometimes require that we be directly involved in order to heal.

Justice should be about healing. Justice should be about what individuals and communities need in response to wrongdoing, unjust situations and finding solutions to conflicts. Having advocates and others speak for us should of course be an option, but it should not be required that we have hired mouth pieces, and we should not be prevented by government to directly experience and participate in the justice system.

I’m not against lawyers or the legal system, but it’s time at least in the West, that we re-opened up our conflict resolution practices to everyone and give everyone the opportunity to participate.

Many indigenous cultures have never stopped using restorative practices, i.e. Hawaiian, Maori, Native American, West African, etc. John Braithwaite, in his book Restorative Justice and Responsive Regulation, page 5, says: “Restorative justice has been the dominant model of criminal justice throughout human history for perhaps all the world’s peoples. A decisive move away from it came with the Norman Conquest of much of Europe at the end of the Dark Ages” (citing Van Ness 1986, p.66 Crime and its Victims, and Weitekamp 1998, The History of Restorative Justice).

Restorative justice in the West is giving voice back to the people.