“Restorative Justice:

Justice that Heals”

RODOLFO D. DIAMANTE
Executive Secretary
Catholic Bishops’ Conference of the Philippines-
Episcopal Commission on Prison Pastoral Care
CBCP-ECPPC
Asia’s Representative
International Commission of Catholic Prison Pastoral Care
(ICCPPC)
International Prison Chaplains Association
(IPCA)
I. Introductory Remarks
CBCP-ECPPC Thrusts
Plights of Offenders and Victims
II. What is Restorative Justice
Comparison of 2 Paradigms
Scriptural Basis

III. Restorative Justice Core Values

IV. Restorative Justice - Fundamental
Principles

V. The Way Restorative Justice Works

VI. Working Together for Restorative

Justice

VII. Conclusion
CBCP-ECPPC Current Major Thrusts

Promotion and Organization of Restorative

Justice Advocates

Advocacy of Enlightened Legislation

Linkages, Networking and Partnerships


Deepening Commitment and
Understanding of Justice That Heals
and Alternatives to Imprisonment
The Commission in 2000 in
celebration of the Jubilee for
Prisoners articulated a new vision
for Prison Ministry -the
Restorative Justice (Justice That
Heals)
 Plight of Prisoners
- Subhuman living conditions- congested and dilapidated
jails and prisons, inadequate daily food allowance, beds,
toilets and other sanitary facilities.

-Human rights violation- Corporal punishment and other

acts of humiliation .

-Slow judicial process and lopsided administration of

justice.
- Lack of rehabilitation program in penal institutions

- Failureto attend to prisoners with special needs namely

the mentally ill, the handicapped, young, the old and the
sick

- Inadequate training of underpaid personnel

- Graft and Corruption

 Plight of Victims

Have little say and participation

Needs not attended too

Denied of power

Peripheral in the process

Lack of closure
 What is Restorative Justice

Restorative justice - a philosophy that embraces a wide

range of human emotions - healing, mediation,
compassion, forgiveness, mercy and reconciliation

Restorative Justice - process whereby those affected by

criminal behavior , victims, offenders, the families
involved or the community have a part in resolving the
issues which flow from the offending.
 COMPARISON OF 2 PARADIGMS

RETRIBUTIVE RESTORATIVE
An approach focused on A valued-based approach
determining focused on determining

what law was broken harm resulting from crime

who broke it what needs to be done to

repair the harm

who is responsible for

How they should be punished repairing the harm
 STATE AND COMMUNITY
RETRIBUTIVE RESTORATIVE

Crime - act against the State, Crime - act against another

a violation of law person and the community

Control - lies in the criminal Control - lies in the

justice system community

Community- sideline, Community- facilitator in the

represented by the State restorative process
 OFFENDER AND VICTIM

RETRIBUTIVE RESTORATIVE

Dependence on proxy Direct involvement by

professionals participants

Victims - peripheral to the Victims- central to the process

process

Focus - establish blame, Focus- problem solving,

guilt, on past. obligations, future

Response- focused on Response- focused on

offender’s past behavior consequences of offender’s
behavior; emphasis on the
future
 RELATIONSHIP

RETRIBUTIVE RESTORATIVE

Emphasis on Emphasis on
adversarial dialogue and
relationship negotiation
 ACCOUNTABILITY
RETRIBUTIVE RESTORATIVE

Crime- individual act with Crime - both individual and

individual responsibility social responsibility

Offender accountability - Accountability - assuming

taking punishment responsibility and taking
action to repair harm

Punishment is effective, Punishment - not effective in

deters crime and changes changing behavior, disruptive
behavior to community harmony and
good relationships
 Scriptural Basis

The concept of lex talionis, the law of proportionality-

If property worth 100 gold coins is stolen, then you
cannot claim 200 coins in return. .

The emphasis in Scripture was on restitution and

restoration, not vengeance and punishment.

Justice should be based on principles of

forgiveness and reconciliation
Jesus specifically rejects 'an eye for an eye' .
'If anyone hits you on the right cheek, offer him
the other one as well

Jesus called on followers to love their

neighbors and enemies too.

Jesus called for unlimited love and said our

forgiveness should be beyond calculation.
 Core Values
Retributive justice is focused on the offender.
Laws and punishment are the core values.

Restorative Justice is focused on the offender,

victim, and community. Values are:

offender- apology or shaming and reintegration

victim- opportunity for forgiveness

community- relationships.
 Restorative Programs Key Values

1. ENCOUNTER : Create opportunities for

victims, offenders and community members
who want to do so to meet to discuss the
crime and its aftermath.

2. AMENDS: Expect offenders to take steps to

repair the harm they have caused.
 3. REINTEGRATION: Seek to restore victims
and offenders as whole, contributing members of
society.

4. INCLUSION: Provide opportunities for

parties with a stake in a specific crime to
participate in its resolution.
Restorative Justice - Fundamental Principles

1. Justice requires that we work to restore those who

have been injured: victims, communities and
offenders.

2. Those most directly involved and affected

by crime should have the opportunity
to participate fully in the response if they wish.

3. The government is responsible for preserving a

just public order and the community establishes
peace.
 Way Restorative Justice Works

Restorative Justice Conference (RJC), chaired by a facilitator, to

which victims and offenders and appropriate support people are
invited

Offender - acknowledges responsibility for the crime committed and express

honest regret.

Victim- examines feelings and take full advantage of any support

network that will facilitate healing.

Community- creates the conditions for the restoration of both offender and
victim..
RESTORATIVE JUSTICE PROGRAMS

Victim Offender Mediation

Family or Community Group Conferencing

Peacekeeping or Sentencing Circles

Circle of Support
 Working Together for Restorative Justice

UN Congress on Crime Prevention and Treatment of Offenders

urged all its member nations to increase the use of restorative
interventions in addressing the problem of criminality.

The CBCP-ECPPC, the Philippine Action for Youth offenders ,

the Integrated Correctional Association of the Philippines and
the Coalition Against Death Penalty are working together to:
disseminate information about restorative justice

develop and promote agreed standards and principles for

evaluating and guiding restorative justice programs

encourage more research on restorative justice programs

and their effectiveness

Seek alternatives to imprisonment or non-custodial treatment

of persons deprived of their liberties
 Conclusion
A system that gives a better deal to victims, that promotes
apology, healing, understanding, accountability, personal and
collective responsibility, forgiveness and even reconciliation.

A system that practice compassion and mercy in dealings with

one another.

A system that uses imprisonment as a final resort.

Restorative justice provides of these to happen. The current

criminal justice system does not.
References:

 1. Consedine, Jim , Restorative Justice: A Gospel Response to Crime,

Pagkalinga-25 Years of Prison Pastoral Care,2000
 2. Cavanagh, Tom, Adopting New Core Values for Justice: Exploring
Restorative Values
 3. Claassen,Ron, Restorative Justice-Fundamental Principles,1995
 4. Van Ness, Daniel and Strong, Karen Heethderks, Restoring Justice,
1997
 5. Zehr, Howard, Changing Lenses, 1990
 6. Hadley, Michael, The Spiritual Roots of Restorative Justice, 2001
 7. McHugh, Gerald Austin, Christian Faith and Criminal Justice,
1978