Restorative justice what is it

The traditional criminal justice system conceives and views crime — the criminal act — as a conflict between the State or the formal system of criminal justice and the offender — the author of the crime.

It has a retributive nature in so much as its response is centred in the criminal act and is based on a legalistic and guarantee-based approach.

Nowadays no one doubts that this system is far from perfect, as indicated by a series of elements that evidence that crisis: the unclear purpose of punishment rehabilitate and promote a change in the behaviour of the offender?

To isolate, at least temporarily, the offender from society to protect the latter? Restorative justice is part of the second solution. In the literature there are countless and not always coinciding definitions of Restorative Justice.

The two most cited and consensual definitions are:. Restorative justice is a different way for all of us, as victims, offenders, police and legal authorities and community in general, to respond to crime.

Sometimes those meetings lead to transformational changes in their lives. Notice three big ideas: 1 repair: crime causes harm and justice requires repairing that harm; 2 encounter: the best way to determine how to do that is to have the parties decide together; and 3 transformation: this can cause fundamental changes in people, relationships and communities. A more formal definition is this: Restorative Justice is a theory of justice that emphasizes repairing the harm caused by criminal behavior.

It is best accomplished through cooperative processes that allow all willing stakeholders to meet, although other approaches are available when that is impossible. Schools must have strategies whereby they help students work out their differences and their arguments. Schools must play a part in helping students understand why they do things and how to think beyond their emotional impulses.

We know, for instance, that the part of the brain that houses impulse control is one of the last parts of the brain to become fully formed. Heck, even a fight with your best friend can influence a decision that can put a kid on the naughty list. Some, like me, may consider the term restorative justice a little harsh, but the goal of utilizing restorative justice before harsher methods of discipline is, for lack of a better word, just. The Process of Restorative Justice Sometimes in educational discipline we whip out the cannons of suspension first.

According to Howard Zehr, a recognized founding father of restorative justice , the concept is based on three pillars: Harms and needs Obligation to put right Engagement of stakeholders In other words: 1. How About the Term Restorative Justice?