The current justice system is primarily retributive.
As such, this system
characterizes crime as a violation of laws or rules, where culpability is determined and the guilty are punished (Elliot, p.65, 2011). As discussed in previous readings and the journals, this doesnt establish fairness and equality as it reduces the victims role to that of a mere witness in the justice process. Restorative justice on the other hand, gives victims and communities the right to be involved in the process. By doing this, it presents many opportunities to better our current justice system. Victims often feel ignored, neglected or even abused by the [criminal] justice process (Zher, p.14, 2002). Restorative justice addresses this by giving victims the opportunity to tell their stories, to bring on or acquire support for their own recovery from injury, to overcome fears generated by the harm and to wholly participate in the decision-making processes that produce reparative plans (Elliot, p.68, 2011). The ability to overcome the fear or feelings generated by the harm is the greatest form of justice a legal system could bring to victims. As evident in Elizabeths case, meeting the offender allowed her to heal as she was able to overcome the fears the incident had brought on (Elliot, p.64, 2011). It is important to note here that the 5 year sentence did nothing but confine her offender for years. It did not ensure that her offender would not re-offend once out or even drive away her fears during that time. This also gives victims of the harm power in the decision making and legal process versus the state.
The Restorative Justice process not only presents opportunities to better
help victims but also allows offenders to participate similarly, by telling their stories, supported in the process by people of their choice, and engaging in the development of reparative agreements (Elliot, p.68, 2011). By doing so, offenders must face the consequences of their action. As discussed in class, this causes the offender to take accountability. In turn, this may result in the offender re-evaluating his/her actions and changing for the better. Afterall, It appears that no one other than the offenders personal victim has the legitimacy to cut through the denial and defiance that offenders frequently exhibit at the beginning of their restorative justice encounter and to compel them to confront the consequences of their actions (Strang, p. 78, 2004). This is further supported by the fact that restorative justice has overall crime reduction effects and strong evidence for reduced reoffending by young violent offenders (Strang, p. 77, 2004). However, there are also challenges facing restorative justice. For one, some cases are simply too difficult or horrendous to be worked out by those with a direct stake in the offence (Zher, p.60, 2002). Restorative justice is not something that can be applied to every case or work with every victim and offender. Both parties must be willing to go through the process. Furthermore, restorative justice is often viewed as an alternative to the criminal justice system in relatively minor offenses despite its success in some communities for the most severe forms of criminal violence (Zher, p.4, 2002). The general publics lack of understanding on restorative justice
is perhaps its biggest challenge to overcome. Society needs to more
informed and educated on restorative justice, its success stories, and what it really means. Stories like Jodis need to be heard. Without this, we cant forsee shifts in public opinion which in turn will not result in restorative justice being given the position it needs in our current legal system. Elliott, E. (2011). Security With Care: Restorative Justice and Healthy Communities. Fernwood Books.
Strang, H. (2004). The Threat to Restorative Justice posed by the Merger with Community Justice: A Paradigm Muddle. Contemporary Justice Review, Vol. 7, No. 1, pp. 75-79.
Zehr, H. (2002). The Little Book of Resotrative Justice. GoodBooks.