An Eye for an Eye Will Make the Whole World Blind: How Restorative Justice Will Help the World See Again
Amber
Massey
Restorative justice is a theory that emphasizes
restoring victims.[i] Restorative justice is victim-centered and
involves those most directly affected by the crime —the victim, the offender,
their family members, and members of the community.[ii] Through the restorative justice process these
individuals are directly involved in addressing the harm and coming to a
solution.[iii] Unlike retributive justice that views crimes
committed by an offender as a crime against the state,[iv] and asks the questions: What law was
broken, who broke it, and what the punishment should be?[v] Restorative justice instead focuses on the
crime against the victim,[vi] and asks the questions: Who was harmed,
what are the needs and responsibilities of all affected, and how do the parties
together repair the harm?[vii] Restorative justice is relatively new and
only emerged in the United States around the 1970s.[viii] Nationwide there are thirty-five states that
have adopted legislation encouraging the use of restorative justice for both
children and adults.[ix]
When a crime is committed
often as a society we often believe the punishment must fit the crime.[x] Within the westernized legal system, having
justice done is most often synonymous with administering punishment.[xi] While the current criminal justice system in
the United States has its strengths, there are also weaknesses such as being
overworked and overwhelmed with the number of cases.[xii] As a result of being overwhelmed, the
offender and victim might not get the attention needed due to lack of time.[xiii] The restorative justice model is better
suited to meet a individuals needs because there is a personalized sense to it,
from the face to face direct communication to working together to reach a
solution.[xiv]
The restorative justice
model started out in the 1890’s based on the tradition of oral justice of the
New Zealand Maori and the native people of North America.[xv] However, the movement did not begin to gain
momentum until the 1970’s when a variety of approaches to restorative justice
started to emerge in many countries throughout the world.[xvi]
Canada is considered to be
the pioneer behind the restorative justice movement, when they began using
victim offender mediation (“VOM”) in 1974 as a result of an incident in Elmira, Ontario in 1974.[xvii] A probation officer who wanted to make
offenders accountable for their actions, took two men door-to-door to the
owners of the properties they vandalized.[xviii] This action had such positive reactions from
all parties involved that it served as a springboard for victim-offender
mediation programs.[xix] Restorative justice can be seen throughout
the world in countries such as Australia, Canada, Hong Kong, Israel, South
Africa, New Zealand and much of Western Europe.[xx]
Since then restorative justice programs have begun to pop up throughout
the United States starting in the 1970s and 1980s. A concurring opinion by a Florida Supreme
Court judge sums up why restorative justice is so important, in her opinion
Judge Pariente states:
.
. . . [A] lengthy prison term would
satisfy only the goal of retribution. On the other hand, a balanced and
restorative justice approach views crime as "more than a violation of
criminal law" but also as a disruption "in a three-dimensional
relationship of victim, community, and offender." It further recognizes that because crime “harms
the victim and the community, the primary goals should be to repair the harm
and heal the victim and the community. The goal of any case
disposition should be to promote public safety,
competency development, and accountability. Further, sentencing that has been based on restorative justice
principles has shown higher rates of compliance with payment of restitution
amounts and in completion of community service. (citations omitted)[xxi]
A number of states are currently implementing restorative justice
principles to their juvenile justice system such as: Arizona, Colorado, California, Illinois,
Iowa, Minnesota, New York, Ohio, Oregon, Pennsylvania, Texas, Vermont and
Wisconsin.[xxii] While restorative justice originally began as
a way to deal with property crimes such as burglary, today restorative justice
is being used for even the most severe forms of crimes, including murder.[xxiii] Restorative justice is not only used in
throughout the criminal justice system but is also used in schools,
communities, businesses, and foster care and group homes.[xxiv] It is clear that restorative justice is
gaining momentum throughout the United States and is on its way to repairing
the harm afflicted against victims by offenders, and bringing people together
in the process.[xxv]
[xv]. Jasmine
Duel et. al., Restorative Justice:
Restoring California’s Juvenile Justice System and Abolishing Juvenile Life
Without Parole, 3 L.A. Pub. Int. L.
J. 68, 78-9 (2010-2012). “Navajo of North America explain that their
version of restorative justice was not designed to punish individuals, rather
to "teach them how to live a better life ... It is a healing process that
either restores good relationships among people or, if they do not have good
relations to begin with, fosters and nourishes a healthy environment.” Id.
