Restorative Justice: A Victim-Centred Approach to Harm

Published: Thursday, September 7th, 2023


This blog is written by Harry Grindle as part of the Daniel Merriman – Ted Bensinger III Fellowship, where Harry is assessing the feasibility and efficacy of restorative justice as an alternative judicial route. Harry is a Yale Psychology BS graduate and an incoming Criminology & Criminal Justice MSc student at the University of Oxford.

 

The Restorative Justice process focuses on healing the damage done by criminal behaviour, repairing relationships, and illuminating the underlying causes of societal wrongdoings. The victim’s voice guides their experience, always ensuring that the facilitator is responding to their needs and wants. Supported within a safe-space, Restorative Justice provides harmed individuals with the opportunity to confront the person who harmed them, an engagement that may well be face-to-face, but may equally be through the exchanging of letters or shuttled questions. For harmers, hearing about the consequences of their actions magnifies the real-world impact of their crime. The person whose wallet they stole is not just a few pounds in the pocket, but a person who is now afraid to walk down the street. With traditionally processed adult offenders having a recidivism rate of 24.0% and juvenile offenders sitting at 31.1%, we must reflect on how the benefits of Restorative Justice may address some of the shortcomings observed in typical sentencing practices. 

In criminal cases, the victim’s role is as a witness. Judges and juries contemplate the crime’s components, attempting to determine the truth. The courtroom’s concern with facts, not feelings, may leave a victim feeling disempowered, unable to express their personal concerns. In actuality, a victim is likely to have a wide-ranging variety of feelings related to the offence. Rather than looking for the truth, Restorative Justice conferences allow victims to speak their truth, letting the victim actively participate in generating restitution and repair. It is no surprise that 85% of Restorative Justice victim participants were satisfied with the result. 

Regardless of the side from which one approaches a mediated meeting, there is a humanising of the other party. Victims grapple with the fact that their perpetrator’s criminality is less likely to stem from some innate immorality but might be the product of a troubled upbringing. Perpetrators learn about the post-crime psychological impact their actions had on the person they harmed. In learning and empathising, they grow less likely to re-commit, not wanting to affect another innocent somebody. Accountability is achieved. Restorative Justice experienced youths are less likely to reoffend than their non-experienced counterparts.

Despite the Restorative Justice process predominantly focusing on the harmed and harmer, it is not only these parties that are the recipients of transformative outcomes. Restorative Justice is a community-oriented course. When victims of crimes feel safer and those who have committed crimes grasp the detrimental repercussions of their choices, the whole community is better off. When a violation occurs, the family and friends of the affected will be hurt too, left to deal with their own emotions and questions. When a parent finds out their child was responsible for the wronging of another, they begin their own processing journey. Restorative Justice permits these people, whoever they may be, to be a part of the restoration voyage, an inclusive trip that harnesses the power of understanding and forgiveness.

The personal and interpersonal growth Restorative Justice allows is obviously impressive, but it is only when one considers the economic effectiveness of these practices that the feasibility of this judicial alternative can be wholly appreciated. Research has shown that “if only 1 out of every 50 restorative justice conferences prevented someone serving one year in custody, then that alone would cover the costs of all 50 conferences.” Providing full-time housing, feeding and staffing for prisoners is vastly expensive so the cost efficiency of mediated conferences should not go unnoticed, with the cost-social benefit ratio estimated to be as high as £14 per £1 invested.

With Restorative Justice offering a victim-centred approach to instances of harm, perhaps it is time for politicians and policymakers alike to more thoroughly consider how this reconstructive framework can be properly integrated into our current legal system. Conferences and mediations serve to supplement judicial avenues, not replace them, and publicising this approach will only build awareness. When faced with the prospect of months, if not years, of criminal proceedings, victims of crimes frequently forgo formal action, not wishing to continuously revisit the unpleasantries of the past. Restorative Justice allows those who have been harmed a flexible path to closure. It is time we appropriately harness the powers of restoration, accountability, and understanding to create a society that prioritises fundamental rehabilitation, rather than endless incarceration.

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