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| Frequently Asked Questions |
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This page seeks to answer some of the frequently asked questions about restorative justice in general. It also includes two documents that look at frequently asked questions relating to the implementation of restorative justice in specific settings. These documents have been prepared by the Restorative Justice Consortium .
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What is Restorative Justice?
What are the main principles of Restorative Justice? How does Restorative Justice work? Where can restorative justice be used? Where and when did the idea of restorative emerge? What are the main types of restorative justice programs? What are the benefits of restorative justice? How is the success of restorative justice measured? What is Restorative Justice? The literature on restorative justice is vast and varied and it is difficult to disseminate or come to a clear consensus on what exactly restorative justice is and what it can actually deliver or achieve. Restorative justice is a term which is used to describe a variety of different measures and practices which can occur at various stages of the criminal justice system. Restorative Justice goes under many names, often defined by the setting in which it is used (e.g. “Nenagh Reparation Project”, "Tallaght Restorative Justice Services”, “The Garda Diversion Programe”. As such, arriving at a definition of just what it is can be difficult. Restorative justice is popularly described as a problem solving approach to crime which involves the parties themselves, and the community generally, in an active relationship with statutory agencies. It is not any particular practice, but is a set of principles which may orientate the general practice for any agency or group in relation to crime (Marshall, Tony.1998). Overall restorative justice approaches have the following characteristics that distinguish them from traditional court based approaches. These include a greater emphasis on the role and experience of victims. The victim and the community have the capacity to make decisions on desired outcomes. Finally restorative justice is carried out in an environment where there is more interaction and discussion between all parties involved. Back to Top What are the main principles of Restorative Justice? The conceptual foundation of restorative justice is based on the principle that crimes or wrongdoings are violations of people and relationships and that acceptance of responsibility is required before the process of restoration can begin. At its most basic level restorative justice aims to hold the wrongdoer directly accountable to the individual victim and the specific community affected by the wrongful act. It also requires the wrongdoer to take direct responsibility to repair, make amends, and "make things right again" to the degree that this is possible. Restorative justice also empowers the victim with a voice and the capacity to decide on what should be done to "make things right" again. Restorative justice also encourages the community to become directly involved in supporting victims, holding wrongdoers accountable, and providing opportunities for wrongdoers to reintegrate into the community. Back to Top How does Restorative Justice work? Restorative Justice is a process whereby victims and offenders are brought together to discuss amongst other things, why a particular offence was committed and the impact it had on a victim. It empowers the victim with a voice to express his feelings about a particular incident or act, and it also generates an awareness amongst offenders of the impact and consequences of their acts. Restorative justice is a mechanism that analysises the reasons for particular offences and it takes active steps to address them, as a means of minimizing the risk of them being repeated in the future. It presents a platform for offenders to express remorse. Restorative justice is a co-operative process that require relevant agencies to work together with the common aim of restoring victims and offenders. Back to Top Where can restorative justice be used? It can be used in a variety of settings both within and outside the criminal justice system, where one person has harmed another. This includes: schools - through the establishment of whole school approaches, peer mediation and other restorative approaches to conflict and bullying the community - for example to help to resolve neighbour disputes and 'Anti-Social Behaviour' prisons - to enable victims and offenders to communicate the criminal justice system for young people and adults the workplace - on a daily basis; as part of disciplinary measures/procedures Back to Top Where and when did the idea of restorative emerge? The concept and use of restorative justice has a lineage encompassing many indigenous traditions and practices. Indeed, many of the ancient Celtic practices found in the Brehon Laws also had elements of restorative justice. These indigenous traditions include those of the Aboriginal or First Nation people of Australia and Canada, the Maori of New Zealand and the Native American Tribes within the United States. The use of the term "restorative justice" is a relatively recent development3 and it was first used in its modern sense in the 1970s to refer to victim-offender mediation programmes that emerged in North America4. During the 1990s it became a widely accepted way of describing a variety of programmes and initiatives that had as their core philosophy, the participation of victims, offenders and the wider community, with a view to repairing the harm caused as a result of wrongdoing. Back to Top What are the main types of restorative justice programs? Restorative justice is not easily defined and it is not confined to any particular practice, as it takes many varied forms. These include informal mediation, victim offender mediation, victim offender conferencing, family group conferencing, restorative conferencing, restorative cautions,community conferencing, sentencing circles, community panels or courts, healing circles and other community-based initiatives Back to Top What are the benefits of restorative justice? Restorative justice improves upon the traditional criminal justice by virtue of its ability to view criminal acts more comprehensively an holistically. It aims to achieve this not by defining crime only as lawbreaking, but rather recognising that offenders harm victims, communities and even themselves. Restorative justice is also inclusive as it involves the participation of more parties such as the offender, victims and the community. It measures success differently, in the sence that it does not seek to measure how much punishment has been inflicted, but rather how much harm has been repaired or prevented. It also recognises the importance of community involvement and initiative in responding to and reducing crime, rather than leaving the problem of crime to the government alone. The primary objectives of restorative justice are summarised as follows; To attend fully to the needs of victims, To prevent re-offending by reintegrating offenders back into the community, To recreate a working community that supports the rehabilitation of offenders and victims and is active in preventing crime. The aims of restorative justice are best accomplished through cooperative processes which include all the stakeholders. The main stakeholders include victims, offenders, and the community. There are many programmes and initiatives which are based on restorative principles. Back to Top How is the success of restorative justice measured? Research suggests that restorative justice reduces re-offending in varying degrees, depending on the type of offence. One study found a significant reduction in the rate of reoffending among young violent offenders, but no significant differences for property offenders or adult drink-drivers. Other research has also found that restorative justice seems to have more of an impact on re-offending when it is used for more serious offences.The most recent research suggests that restorative justice reduces reoffending for offenders of both violent and property crimes and the research has also provided weight to the proposition that it may be an effective means of dealing with adult crime. Research has provided a convincing body of evidence which suggests that restorative justice helps the victim in a variety of ways. In particular, restorative justice has been shown to improve victims'satisfaction levels and their perceptions of fairness. It has also been shown to be a means of increasing victims' satisfaction levels, in terms of the processing of their case. Other studies have revealed that restorative justice can also reduce a victim's desire for revenge and reduce victims' post-traumatic stress levels. Back to Top |
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