Restorative Justice:The Impact of Righting the Wrongs
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Restorative Justice programs are based on the capability of trained facilitators to help bring about a real sense of justice for those most affected by the harm: victims, victimized communities and the offenders themselves. This is accomplished by asking who was harmed, how the wrongdoing can be corrected and who is to be held accountable. In other words, it is about giving victims (and to a lesser degree, offenders) voices and choices in repairing the harm.
The issue of accountability is addressed simply in Loveland's program. Essentially, the offender participates in the Restorative Justice process voluntarily, but must admit guilt before facilitators proceed with a case. The first goal is avoid re-victimizing the victim, the second is to give the victim a sense of empowerment, and the third is provide the offender with an opportunity to make amends for his/her actions. Once the groundwork has been done, the facilitator will meet individually with victims and the members of their support system, as well as offenders and their support systems. If all parties agree to participate, a conference is called where every person is allowed to discuss his or her feelings and how the crime impacted each whether financially, physically or emotionally.
Victims are encouraged to express their anger, ask questions of the offender and participate in the consequence decision making process. In other words, Restorative Justice allows victims a voice that has no place in the traditional court system. More often than not, the victim will ask the offender, "Why did you do this to me?" Perhaps the most important aspect of a facilitated conference for the victim is a sense of empowerment when given the opportunity to meet the offender face-to-face in a safe and neutral environment. Offenders are given the opportunity to explain motives they don't often understand themselves. Most often they are able to develop a new understanding of accountability thereby allowing them to sincerely apologize for their actions. The lessons learned in the "circle of dialogue" are taken to heart and give real weight to the words, "I'm sorry."
The neutral facilitator notifies all participants that the task at hand is to come to a peaceful and reasonable resolution to repair the harm done by the offender. Since the offender has already admitted guilt there is no need to point fingers or fuel emotions by laying blame. This is not a cakewalk for the offender. Facing the person(s) injured by his or her actions is a difficult task . This is especially true when the offender is forced to see firsthand how deeply a victim has been impacted. Upon learning that a stolen necklace or trinket cane from a deceased relative the offender suddenly realizes he/she has taken something more valuable than just a piece of jewelry. Breaking and entering is no longer viewed as harmless when confronted with the emotional impact revealed by victims as they struggle with a sense of invasion, lost security and vulnerability. Vandalism is no longer viewed as fun when the offender sees the tears and hears the pain of victims who articulate emotional attachments, fear or financial upheaval.
As facilitators, it is not always easy to sit through a conference crowded with feelings of remorse, anger, sense of loss or fear. But, when a group comes together and that transition from adversarial positions to cooperation and understanding takes place, the benefits of Restorative Justice are tangible, not only in terms of an agreed upon contract for restitution, but in the group's collective sigh of relief.
As a facilitator I have been privileged to see successful outcomes to what
otherwise might have been the beginnings of an offender making all the wrong
turns on the road of life. As a facilitator, it has been my privilege to
witness the courage of victims willing to face those who harmed them with
dignity and a sense of idealism that allows for second chances. In my view
this is justice in the truest sense of the word.
Biography
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