- Showing 3 posts filed under: Definition [–] published between Feb 01, 2010 and Feb 28, 2010 [Show all]
Restorative justice and society
by Hans Barendrecht, Martine Cammeraat and Esther Klaassen of Gevangenenzorg Nederland, the Prison Fellowship affiliate in the Netherlands.
....The most important core value of Gevangenenzorg Nederland is the concept of merciful justice. This is an exciting concept that, at first, could seem like a contradiction in terms. It is not justice as contained in criminal law. Our judicial system is based on the principles of legitimacy and proportionality. This means that the punisher is working in accordance with the law and that the punishment is proportional to the offence or the crime. This is justice whereby the law may take its course but no restoration or fresh prospects are put forward.
On the other hand it is not the intention that merciful justice should be thought to be a denial of the existence of guilt and harm. Not at all! If that were to happen justice would lose all meaning. Without guilt there is no injustice and without harm no need for restoration.
Panel: Tribunals as restorative justice
from Erin Walrath's blog:
Just a day ago I attended a panel titled Tribunals as Restorative Justice. The purpose behind this attendance was to orient myself with the judicial side of tribunals. Technically, I would argue that there is not another side of tribunals but I am sure that others would disagree with me. (Assuming that some others see tribunals as a sort of a SA Truth and Reconciliation equal, though they are quite different).
The panel was a number of Korbel professors... with a range of knowledge regarding law, international law, and tribunals. Restorative justice was the primary concern. It incorporates a focus on victims, the harm done and the needs of those harmed, obligations and accountability, and participation of relevant stakeholders.
According to Susan Sharpe (in Restorative Justice: A Vision for Healing and Change) there is an aim to put key decisions in the hands of those most affected by crime, make justice more healing and, ideally, more transformative, and reduce the likelihood or future offenses. Restorative justice is more common in European court systems but it seems is making its way into the US, especially in juvenile cases... so I have heard.
To follow a true R.J. model then, the victim is involved in the process and feels heard and satisfied at the outcome, offenders must understand how their actions affect others and accept responsibility for them, outcomes must repair the harm done and address the reasons behind the offense, and both the victim and offender gain a sense of "closure".
Essential values of restorative justice
from the blog Minds on Fire:
The purpose of restorative processes is:
- to empower victims by providing them a strong voice
- to demonstrate to offenders the harm they cause by their actions
- to provide a safe forum where the consequences of crime and remorse for criminal acts can encounter each other.