Working Definition of the Working Party on Restorative Justice
by Paul McCold
The Working Party on Restorative Justice of the Alliance of NGOs on
Crime Prevention and Criminal Justice adopted the following as its
working definition of restorative justice (3/14/97). By endorsing
Marshall's definition, we do not intend to limit the continuing
dialogue on the concept. Many will feel that the definition is
incomplete, but it avoids many of the value issues that prevent
consensus. The working party felt that this served our immediate
purposes, and recall that we have also adopted Ron Claassen's
Restorative Justice Principles. Together, these do paint a more
complete picture of restorative justice. We can now proceed to consider
some resolution language to seek sponsorship among UN member countries.
Restorative justice is a process whereby all the parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of the offence and its implications for the future.
Parties with a stake in an offence include, of course, the victim and the offender, but they also include the families of each, and any other members of their respective communities who may be affected, or who may be able to contribute to prevention of a recurrence.
Coming together may occur as one event, as in Family (or Community) Group Conferencing, or it may occur through a series of less all-embracing meetings (e.g., victim-offender mediation and a separate conference between the offender and his/her family), depending on the complexity of the case and other practicalities. The coming together may also occur just once, or may happen repeatedly over a more or less extended period of time.
In order to effect the coming together and a collective resolution, there is a crucial role for the neutral facilitator (mediator) with the skills to prepare people for the process, ensure that it progresses in a safe and civilised manner, guide parties through difficult phases, and encourage them to enter fully and creatively into the process.
The aftermath of the offence includes ensuring the material well-being or satisfaction of the victim, the re-affirmation that they are not to blame, attention to the victims emotional needs, resolution of any conflict between the victim and the offender (whether because of the offence or existing beforehand), the resolution of similar conflicts between their families or communities, resolving any difficulties between the offender and his/her family and other friends as a result of the offence (e.g., being ashamed to know him/her), and giving the offender a chance to absolve his/her own feelings of guilt through apology and reparation.
The implications for the future include tackling the reasons for the offending, producing a plan for rehabilitation, and agreement among the family and community members present on a system of support for the offender to ensure that he/she is able to adhere to the plan.
Restorative justice is a process whereby all the parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of the offence and its implications for the future.
Parties with a stake in an offence include, of course, the victim and the offender, but they also include the families of each, and any other members of their respective communities who may be affected, or who may be able to contribute to prevention of a recurrence.
Coming together may occur as one event, as in Family (or Community) Group Conferencing, or it may occur through a series of less all-embracing meetings (e.g., victim-offender mediation and a separate conference between the offender and his/her family), depending on the complexity of the case and other practicalities. The coming together may also occur just once, or may happen repeatedly over a more or less extended period of time.
In order to effect the coming together and a collective resolution, there is a crucial role for the neutral facilitator (mediator) with the skills to prepare people for the process, ensure that it progresses in a safe and civilised manner, guide parties through difficult phases, and encourage them to enter fully and creatively into the process.
The aftermath of the offence includes ensuring the material well-being or satisfaction of the victim, the re-affirmation that they are not to blame, attention to the victims emotional needs, resolution of any conflict between the victim and the offender (whether because of the offence or existing beforehand), the resolution of similar conflicts between their families or communities, resolving any difficulties between the offender and his/her family and other friends as a result of the offence (e.g., being ashamed to know him/her), and giving the offender a chance to absolve his/her own feelings of guilt through apology and reparation.
The implications for the future include tackling the reasons for the offending, producing a plan for rehabilitation, and agreement among the family and community members present on a system of support for the offender to ensure that he/she is able to adhere to the plan.
