RESTORATIVE JUSTICE
Understanding of Justice
 Moral rightness and benevolence; ethics;
justness
 What is due; equal treatment; proper reward or
punishment; restoring what is lost
 Legal system and process; liberation of society;
puts society in balance; giving people what is
due; aspects of the government
 Fair judgment
 Truth and integrity
 What is legal and equal, fairness
 Meeting your end; individual’s worth;
experiencing one’s right and freedom
What does justice seek to achieve?
 Righteousness; promotion of human rights
 What is due; equity and fairness
 Conciliation between opposite parties
 Harmony, understanding and peace
 Liberation of society; betterment of mankind
 Fair execution of law
 Judgment-morality and fairly right; impartial
ruling
 Fair treatment (individual, government); what is
due
RESTORATIVE JUSTICE
What id Restorative Justice or RJ?
 Process or theory or discipline or system or
approach or framework or movement or
paradigm.
 Repairing the harm
 Offence or conflict
Applicability of RJ
Goals:
 The Harm – repairing the harm caused by the
crime or conflict
 Engagement and Empowerment – empowering
the victims and offenders
 Responsibility and Action – encouraging the
offenders to take responsibility and take action
to change
 Reduced Crime or Conflict – Reducing crime or
conflict
Timeline
1. 1960-1970
a. Idea of RJ started in Europe
b. The victim-offender model was the
predominant model
2. 1970
a. Originated as mediation or
reconciliation between victims and
offender
b. Probation officer arranged 2 teenager
to meet their victims following a
vandalism and agree to restitution
c. Led to first victim-offender
reconciliation in Ontario, Canada
3. 1980 -1990
a. Various names were introduced: victim-
offender mediation and victim-offender
dialogue (North America and Europe)
b. 1989; FGC started in New Zealand; it
was renamed as Family Group Decision
Making in North America
c. 1991: adopted FGC by an Australisn
police officer
4. Modern
a. Broadened to include communities,
victim’s and offenders’ families and
friends-conference and circles
EUROPE TIMELINE
 1981
o The first pilot project started in Norway,
then followed by Finland; France also
developed initiatives, RJ as part of
community sanctions to offenders
 1985-87
o England developed small scale
experiments but Germany has more
experiments
 1988
o The model was called “out of court
offense resolution” and adopted in
juvenile courts and criminal procedure
 1990
o Belgium- started research on victims’
needs, mainly for more serious crimes;
o Northern Ireland- conference model
became a mainstream in juvenile justice
system
 oScotland and Ireland – innovation
programmers
o Poland – legislative initiatives on adult
criminal law and juvenile justice.
 AFTER 2010
o Netherlands and East European
countries have adopted programmes
and adopted legislations in the field of
RJ; There are however isolated
initiatives in Ukraine, Belarus, Moldova
and Russia
Approaches, Models, Values and Practices
5 Principles
1. Focuses on harms and consequent needs
2. Addresses obligations resulting from those
harms
3. Uses inclusive, collaborative processes
4. Involves those with a legitimate stake in the
situation
5. Seeks to put right the wrongs
Note: Primary Determinants: Victim, Offender and
Community
Other Principles
 Voluntarism
 Impartiality
 Safety
 Accessibility
 Empowerment
Approaches/Models
 Victim Offender Conferences (VOC) or Victim
Offender Mediation (VOM
 Family Group Conferences (FGC)
 Circles
o Healing or Sentencing or Community
Restorative Boards
o Representatives or Surrogates may be
used
o Shuttle diplomacy (Indirect or go-
betweens)
 Informal Restorative Practices
o Affective Statements
o Affective Questions
Key Questions
 Does it address harms, needs , or causes?
 Is it adequately victim-oriented?
 Are offenders encouraged to take
responsibility?
 Are all relevant stakeholders involved?
 Is there an opportunity for dialogue and
participatory decision-making?
 Does it address causes?
 Is it respectful to all parties?
Restorative Typology

Values

 Principles of human honor

 Interconnectedness
 Respect

Guiding Questions

1. Who has been hurt?

2. What are their needs?
3. Whose obligations are these?
4. Why has this happened?
5. Who has stake in this situation?
6. What is the appropriate process to involve the
stakeholders in an effort to put things right and
prevent its recurrence?
4Rs of Restorative Justice

 Reconciliation/Responsibility
 Restitution
 Reintegration
 Restoration

Restorative Justice

 Philosophical Roots- belief of human of

different reforms
o Offenders
 Opportunity to make amends
and take responsibility
 Reintegrated into society
 Protected from retribution
o Victims  Case Studies
 Chance to confront offender o Elements
directly  Introduction
 A say in the response to the  Aims
crime  Methods
 Chance to confront offender  Results
directly  Discussion
 A say in the response to the  Recommendations
crime
RESTORATIVE JUSTICE
 Stages  Opportunities
o Trial - no sentencing o 95% of VOM – successful negotiated
o Encounter among stakeholders agreements
o Amends o 68% compliance rate
o Reintegration o Reduced prison population and
o Oversight recidivism
Basic Procedures in PPA  Limitations
o Governments – lacks of traditions of RJ
 Investigation o RJ as add-on structure
 Soliciting stakeholders’  Challenges
interest – about RJ o What family and community
 Victims – how harm can environments will offenders return to?
be repaired o Difficulty in attempting to balance
 Supervision o Lack of preparations
 Fully informed of rights, o Takeover by formal justice system
process and possible
consequences
 Agreement be in
writing
 Confidentiality upheld