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„Restorative justice is a process, which aims primarily to restore the harm caused by misdemenaour or crime. During the process, the involvement of the affected persons and communities in preparing a response for a crime is heavily emphasized. This way the material and emotional needs of the affected persons (victims, offenders, and their communities) can be reflected in the resolution of the conflict.”

(Fellegi,2009)

The three hallmarks of restorative justice are encounters between victims and offenders,the obligation to repair harm, and the expectation that transformation may take place.

Encounters are crucial in restorative justice as means for victim and offender to meet together with a trained expert, or make contact otherwise and speak about the criminal act that took place and together find a way to make it right.

Repairing the harm caused by their criminal behaviour, doing what they can to make things right should be the primary accountability of offenders.

The final aim is transformation. The transformation of offenders into contributing members of society, victims into survivors, and communities into isles of peace.

Three principles undergrid restorative justice:

  • Crime causes harm and justice should focus on repairing that harm
  • The people most affected by the crime should be able to participate in its resolution
  • The responsibility of the government is to maintain order and of the community is to build peace.

1- Crime causes harm and justice should focus on repairing that harm.

The „eye for an eye” philosophy of retributive justice focuses on causing harm to those who harmed others. Causing more harm instead of repairing it will not help any members of the vicim-offender-community triangle.

2-The people most affected by the crime should be able to participate in its resolution.

The people most affected are the direct victims and offenders, but secondary victims such as friends and family should be invited as well. It is highly important that the parties are invited to the restorative process, not compelled to participate.

3-The responsibility of the government is to maintain order and of the community is to build peace.

The government may need to use force when necesarry to maintain order, but order must be maintained by protecting the rights of victims and offenders alike.

Peace means more than the absence of conflict. It is based on healthy, respectful relationships in communities. Relationships that lessen the need for governmentally imposed order.

How are these different from the principles supporting non-restorative responses to crime?

Restorative: Crime causes harm.

Non-Restorative: Crime is lawbreaking.

Restorative: Offender accountability means taking steps toward restoring that harm.

Non-Restorative: Offender accountability means accepting the infliction of harm.

Restorative: The people most affected by the crime should be able to participate in its resolution.

Non-Restorative: The two important parties are the government and the defendant.

Restorative: To achieve public safety it is more important to build community peace than to increase governmental order.

Non-restorative: To achieve public safety it is most important to increase governmental order.

Altough restorative justice as a philiosophy of justice differs from the retributive justice philosophies behind today’s criminal justice systems, restorative justice can become part of the criminal justice system by being incorporated into its programmes.

In order for a criminal justice process to reflect restorative principles, four key features are needed.

  • An opportunity for encounter
  • An emphasis on making amends
  • The goal of reintegration of victims and offenders
  • Inclusion of victims and offenders in the programme

1-An opportunity for encounter

The parties involved should be invited, not compelled, and if they decide to meet expert help should be given to adress any barriers to the parties’ communication with each other, such as safety concens for example.

2-An emphasis on making amends

Taking steps to make things right, repairing what is repairable, apologizing, taking actions that make another crime less likely.

3-The goal of reintegration of victims and offenders

Both victims and offenders may need help in their efforts to become contributing members of their communities. Victims may need assistance in recovering from the crime, offenders in changing their behaviour.

4-Inclusion of victims and offenders in the programme

Even if the parties do not want to meet, they should have opportunities to participate meaningfully in the programme itself. For example, victims could be given the right to have a lawyer represent them in court in order to recieve restitution.

Focusing on the role of mediation and restorative justice practices not in the pre sentence phase, but rather in prison settings, reaching out for victims of serious crimes and imnates condemned for aforementioned crimes, the MEREPS project is highly about combining the restorative philosophies with the criminal justice systems.

What is Restorative Justice?

Thank you for your time!

(Based on www.restorativejustice.org)

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