Restorative Justice

- A system of the criminal justice which focuses on the rehabilitation of offender through
reconciliation with victims and the community at large.
- An approach to justice that seeks to repair harm by providing an opportunity for those harmed
and those who take responsibility for the harm to communicate about and address their needs
in aftermath of the crime.
Two Justice
Formal- litigation- undergo court proceeding to what really happen in the crime (legal Process CJS).
Informal- Restoration mediation justice (katarungan pambarangay)/ amicable settlement (school)
History of Restorative Justice
- 1974 Kitchener, Ontario
- Kitchener Experiment
- 1970’s to the early 1980’s, a number of experimental programs, modeled after the Kitchener
program
- 1994, restorative justice tool a giant step toward becoming a mainstream when the American
bar association endorsed victim-offender mediation, a program usually associated with first-
time offenders and minor crimes.
- Additional support crime from the National organization for victim assistance which published a
monograph entitled Restorative Community Justice: A call to Action.
- From the United nations, the council of Europe, and the European union, all of which have
committed to promote restorative practices.
- American Bar Associations, began offering grants in 2008 to develop Restorative justices
initiatives in criminal law settings.
Commission on Crime Prevention and Criminal
Economic and Social Council of the United Nations Organization ( agirefreffered ti mabalin )
Basic principles on the use of restorative justice programs in criminal matters”
What is restorative outcome (bunga)
- Is an agreement reach as a result of a restorative process. The agreement may include
referrals to program such as reparation, restitution, and community, “aimed at meeting the
individual and collective needs and responsibilities of the parties and achieving the
reintegration of the victim and the offender.
Reparation- (applied properties or Bagay)
- Means recompense given to one who has suffered legal injury at the hands of another; to
make amends provide restitution, or give satisfaction or compensation for a wrong inflicted, it
also refers to the thing done or given to the injured party.
Restitution - (by means of money)
- Is a payment made by a perpetrator of a crime for the victim of that crime… the payment is
meant to make the victims whole and restore them financially to the point they were at prior to
the commission of the crime.
Community Service
- Sentencing option for persons convicted of crimes in which court, orders the defendant to
perform a number of hours of unpaid work for the benefit of the public.
Principle of restorative justice
Restorative justice sees crime as an act against the victim and shifts the focus to repairing the
harm that has been committed against the victim and community. It believes that the offender
also needs assistance and seeks to identify what needs to change to prevent re-offending.
Three elements of Restorative Justice
Repair- crime causes harm and justice requires repairing that harm;
Encounter- the best way to determine how to do that is to have the parties decide together.
Transformation- this can cause fundamental changes in people, relationship and communities.
The Process of the Restorative Justice
- Asking for Restorative Justice- the first step in the restorative process is for the victim or
offender to ask for it.
- Getting agreement from both parties – the other party will be contacted to see if they are
willing to take part in a restorative process.
- Preparation- it is the time for the preparation. Process to begin. Both parties will tell their side.
- Who attend the conference- once both parties are ready and facilitator have made sure if it is
safe to proceed, the restorative justice is held.
- The restorative justice conference- the conference starts with the facilitator setting the
ground rules. These ground rules includes no one being allowed to interrupt someone else,
and anyone being able to take a break or stop the process anytime.
- Follow-up-in the days following the conference, the facilitator will speak to both parties to see
what they feel and check if they got what they wanted out of the process.
Types of Restorative Justice
 VICTIM AND OFFENDER MEDIATION- is a process that provides interested victims the
opportunity to meet their offenders in a safe and structured setting. The goal is to hold
offender directly accountable while providing important support and assistance to victims.
 The PEACEMAKING CIRCLE- is a process that brings together individuals who wish to
engage in conflict, resolution, healing support, decision making or other activities in which
honest communications, relationship development and community building are core desire
outcomes.
 VICTIM ASSISTANCE AND INVOLVEMENT- victim assistance programs provide services
to victim as they recover from the crime and proceed through the criminal justice process.
 REAL RESTITUTION- a monetary payment by the offender to the victim for the harm
reasonably resulting from the offence.
 COMMUNITY SERVICE- refers to a form of sentencing involving an activity that benefits
the community to compensate for harm done. The object community service orders is to
provide unpaid work which is o value to the community as an alternative to custody.
Retributive Justice (classical theory and it focused on the offender) – is a theory of punishment that
when an offender breaks the law, justice requires that they suffer in return, and that the response to a
crime is proportional to the offence.
Retributive Justice Restorative Justice
Imposition of pain is considered normative Restoration and reparation considered
normative
Harm by offender balanced by harm to offender Harm by offender balanced by making right
Victim offender relationship ignored Victim offender relationships central
One social injury added to another Emphasis on prepare of social injury
Repentant, forgiveness and discourage Repentant, forgiveness and discourage