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Restorative justice

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Restorative justice is a specialized method within criminology. It is often described as an ethos, or a guiding way of living. This approach seeks to repair harm caused by crime or violence. It does this by empowering both the victims and the offenders. They participate in a shared dialogue to address the damage. Instead of just focusing on broken laws, it focuses on broken relationships. This method aims to help people heal and find resolution through communication.

Agent de médiation urbaine à Fort-de-France (Martinique)
Agent de médiation urbaine à Fort-de-France (Martinique)

The mechanism of restorative justice relies on a structured process. Participants share their personal experiences of what happened during the event. They discuss exactly who was harmed and how the harm occurred. The group then works to reach a consensus. This consensus is a shared agreement on how to fix the problem. The offender might offer an apology or pay money to the victim. These actions are called amends or restitution. The goal is to compensate those affected and prevent future harm.

There are three main types of restorative practices. The first type is victim-offender mediation. This involves direct meetings between the victim and the offender. The second type is family group conferencing. This is a larger meeting with many stakeholders. It includes the victim, the offender, and people like social workers or police. The third type is called circles. These include the victim, the offender, and representatives from the wider community. Each method differs based on the number of people involved.

History shows that these ideas are very old. Some scholars argue that Aristotle coined the term in ancient Greece. He believed justice should restore goods to individuals. In 1977, Albert Eglash used the modern term to describe justice based on restitution. That same year, Nils Christie argued for returning conflict to the people involved. Many indigenous groups have used these methods for centuries. The Maori of New Zealand used a system called Utu. This system protected social stability long before European contact.

Modern theory grew significantly in the late 20th century. Howard Zehr published a groundbreaking book in 1990 titled Changing Lenses. This book provided a new framework for viewing crime. It contrasted retributive justice with restorative justice. Retributive justice sees crime as an offense against the state. Restorative justice sees crime as a violation of people. Zehr, along with Ron Claassen and Mark Umbreit, pioneered mediation in the United States. By 2006, the term had become widely used worldwide.

Agent de médiation urbaine à Fort-de-France (Martinique)
Agent de médiation urbaine à Fort-de-France (Martinique)

Research suggests that restorative justice provides positive results. A study conducted in 2007 found high rates of victim satisfaction. It also showed higher levels of offender accountability than traditional methods. Proponents argue that it makes offenders less likely to re-offend. This growth has reached many parts of society. It involves police officers, judges, and schoolteachers. It even includes parents and aboriginal elders. The movement has expanded globally since the 1990s.

Restorative justice is different from other legal processes. It is not the same as the adversarial legal process. It is also different from civil litigation. Criminologist Howard Zehr noted that the guiding questions are different. Traditional justice asks what laws were broken and who did it. Restorative justice asks who was hurt and what their needs are. It also asks whose obligations these are. This shifts the focus from punishment to addressing the underlying causes of harm.

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