Objectives

By the end of this lesson, learners will:

• Describe and list the benefits of implementing restorative justice programs for survivors, offenders, and community.

• Operationalize their knowledge of restorative justice to decolonize the idea of punitive justice in their communities.

So, what are the benefits of restorative justice?

European and North American studies show that victims who have taken part in mediation programs are generally satisfied (Umbreit, Bradshaw, Coates, 1999; Latimer, Downden, Muise, 2001, as cited in Government of Canada, 2015). The same is true of victims who took part in family conferences (Kurki, 2003, as cited in Government of Canada, 2015). Victims describe these processes as being fair and say that, overall, the experience seems to have helped reduce their fear of crime and the anger they feel toward the offender and increase the likelihood that the offender will make reparations for the injuries caused. Victims and offenders feel they are being given a chance to get a grip on their problems and come up with more constructive solutions.

Restorative justice is cost-effective, shows the highest rates of participant satisfaction (95%+ from victims, communities & offenders) and reduces the offender re-offense rate to 10%, down from a national average of 60% with conventional justice. Restorative Justice Practices emphasize the way in which crimes and conflict affect not only people, but also the communities in which they live. (Government of Canada, 2015)

"Decolonization is the process of deconstructing colonial ideologies of the superiority and privilege of Western thought and approaches. On the one hand, decolonization involves dismantling structures that perpetuate the status quo and addressing unbalanced power dynamics. On the other hand, decolonization involves valuing and revitalizing Indigenous knowledge and approaches and weeding out settler biases or assumptions that have impacted Indigenous ways of being. For non-Indigenous people, decolonization is the process of examining your beliefs about Indigenous Peoples and culture by learning about yourself in relationship to the communities where you live and the people with whom you interact." (Cull et al., 2018, para. 1)

Decolonizing the idea of what justice can and should look like is essential to creating an environment where restorative justice can completely take its place. Many will ask, "Well shouldn't criminals be in jail?" The sad reality is that many who commit violence will never face any repercussions, especially those who are privileged in race and wealth. This is where we turn to look for alternatives to address the culture and circumstances that created violence.

What different types of restorative justice practices can you offer in your community?

All of the options for Restorative Justice are based on whether or not the survivor chooses to participate. In Restorative Justice, the victim has full autonomy.

• Victim-Offender Mediation: Victim Offender Mediation (VOM) involves a meeting between the victim and offender facilitated by a trained mediator. With the assistance of the mediator, the victim and offender begin to resolve the conflict and to construct their own approach to achieving justice in the face of their particular crime. (Restorative Community Justice, n.d.)

• Family/Community Group Conferencing: Family/community group conferencing enlarges the number of participants in the process to include family members, supporters and other community members. There may be individuals from the staff or system present as well. It involves the people most affected by the crime–the victim and the offender as well as the family, friends, and key supporters, who are chosen by both–in deciding the resolution of a criminal incident. These affected parties are brought together by a trained facilitator to discuss how they and others have been harmed by the offense and how that harm might be repaired. To participate, the offender must admit to the offense, or harm. (Restorative Community Justice, n.d.)

• Restorative Circles: During the 1990s, members of First Nations in Canada began teaching the circle practice to non-Native people. They chose to do this because First Nation communities were seeking alternatives to the mass incarceration of their people, which was and remains another form of genocide. Returning to Native ways to resolve conflicts and harms required collaboration with non-Native people: lawyers, prosecutors, judges, as well as non-Native neighbors. In the process, non-Native people experienced the circle process and its power to bring positive transformation for everyone involved. Several First Nations in particular contributed to the use of circles among non-Natives in the U.S. and Canada. The Hollow Water First Nation on Lake Winnipeg has played a critical role in demonstrating the philosophy and power of circles to address harms in communities. Many non-Natives learned about circles through their work, especially by reading Rupert Ross’s book, Returning to the Teachings: Exploring Aboriginal Justice. Because circles have the capacity to bring people in conflict together in a good way, different Native communities have, at different times, sought to use the process to resolve differences and conflicts with their non-Native neighbors. The form of the process reflects the traditions of each Native People. Circles can serve both encounter and non-encounter programs. (Cull et al., 2018)

• Community Service: Community service is work performed by an offender for the benefit of the community as a formal or informal sanction. Just as neighborhoods and communities are harmed by criminal and delinquent activities, they can be at least partially restored by meaningful service that contributes to their improvement. For community service to be restorative, all affected parties need to have the opportunity to participate in determining what community service is done and the work agreed to is connected to the offense to the extent possible, such as working at a center or survivors. (Restorative Community Justice, n.d.)

• Victim Impact Panels: Victim impact panels provide a forum for crime victims to tell a group of offenders about the impact of the crime on their lives and on the lives of their families, friends, and neighbors. Panels typically involve three or four victim speakers, each of whom spends about 15 minutes telling their story in a non-judgmental, non-blaming manner. The offenders of the victim presenters are not present. While some time is usually dedicated to questions and answers, the purpose of the panel is for the victims to speak, rather than for the victims and offenders to engage in a dialogue. (Restorative Community Justice, n.d.)

Reflection Form

Reflect on your understanding of the concept of restorative justice, and share with us your thoughts by filling out the following Reflection Form:

Check-in Question

Test your knowledge about the material through taking the following check-in questions. Please note that these questions provide feedback on the spot for you, but responses are not tracked nor recorded.

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Cull, I., Hancock, R.L.A., McKeown, S., Pidgeon, M., & Vedan, A. (2018). Decolonization and indigenization from Pulling together: A guide for front-line staff, student services, and advisors. Creative Commons. https://opentextbc.ca/indigenizationfrontlineworkers/chapter/decolonization-and-indigenization/

Government of Canada, D. of J. (2015, January 7). The Limits of Restorative Justice. National Victims of Crime Awareness Week. https://www.victimsweek.gc.ca/symp-colloque/past-passe/2009/presentation/arlg_1.html.

Restorative Forum. (2015, May 14). A restorative justice meeting (short version) [Video]. YouTube. https://www.youtube.com/watch?v=dcTHYKX2LfI

Restorative Justice Practices. (n.d.). Restorative Justice Colorado Website. https://www.rjcolorado.org/restorative-justice/.

Restorative Community Justice. (n.d.). Restorative Solutions. http://restorativesolutions.us/schoolprograms/restorative-community-justice.

Zehr, H. (2012). Restorative justice? What's that?. Retrieved November 15, 2020 from https://zehr-institute.org/what-is-rj/

Zehr, H. & Gohar, A. (2002). The little book of restorative justice.