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 Free UN E-Book on Restorative Justice
In the United States, we are most familiar with a criminal justice system of retributive justice, which is focused on what laws were broken, who broke them, who is guilty and who should be punished. It is the old way of vengeance and retribution. But there is another way—restorative justice.
Restorative justice recognizes three key parties to crime: the offender, victim and community. To serve the needs of these three parties, the restorative justice model addresses restoration, healing, responsibility and prevention. It answers the questions what harm has been done, what must be done to repair the harm and who should do this.
A growing body of research indicates that restorative justice can cost a fraction of the cost of retributive justice. The efficacy of restorative justice has been proven through reduced recidivism, far below what is often achieved through retributive justice.
When we seek vengeance and retribution, our function becomes destruction.
When we seek healing and restoration, our function becomes creation.
Restorative justice programs are being initiated throughout the country by local citizens, often those involved in the court system, probation or social services. (For example, see The Sentencing Project's website.) A growing number of private citizens and a diversity of organizations are also becoming advocates for this change in the criminal justice system. The United Methodist Church, for example, has adopted restorative justice as a study issue for its membership.
Three decades of "get tough on crime" politics have given the United States the unenviable distinction of having the highest rate of incarceration per capita of any nation in the world.1 More than two million people are incarcerated and over four million are on probation or parole. The cost is enormous and diverts resources from education, healthcare and all other social programs.
We can be a force for positive change by supporting restorative justice programs and policies.
To this end, we are seeking to draft a Model Restorative Justice Corrections Statute that can be used to guide restorative programs in jails and prisons. If you have ideas for such a model statute that are consistent with the principles of restorative justice, please let us know.
1 Source: Elizabeth Linehan, ARetribution and Restoration: The Two Paths,@ Blueprint for Social Justice, Vol. LVI, No. 5, Jan. 2003, Twomey Center for Peace through Justice, Loyola University, 3, cited Dec.14, 2003.
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