Although the restorative justice concept has been around for a long time, its use in the modern American criminal justice system has been relatively limited. The major reason for this lack of implementation rests in misconception about what it is and what it can accomplish. Because juvenile justice entails more of an atmosphere of rehabilitation rather than strict punishment, we see more incidents of restorative practices being utilized than we do in strictly adult settings.
Fortunately, this is becoming less true as the benefits of restoring a wrong and wrong doing host more and more success. The Vera Institute of Justice expressed support of restorative justice in their December 2013 Issue Brief. The brief looks at research studying Zero Tolerance policies.
Since these policies became popular in the early 90s fueled by fears of “super predators” and shocking incidents such as the Columbine shooting, more and more educational settings adopted them. Even though the original intent was to reduce weapons and drug related incidents, the policies morphed into a significant portion of suspension and/or expulsions due to student insubordination.
The broad stroke of these policies pushed more students into the school disciplinary process which is often hand-in-hand with the juvenile justice system. Fewer school administrators allowed for individual situations with individual consequences. If there was a problem of any kind, the child was sent out of the educational environment. The consequences to our children’s lives are still being calculated.
Thankfully, more and more juvenile justice, social service and educational professionals are looking for ways to move away from zero tolerance and towards a method of maintaining school safety and discipline with fewer consequences to a student’s future, as well as, consequences for the community as a whole. The Vera Institute of Justice outlines how restorative justice practices at school and on a community level are helping lead the charge to a new future.
In my experience, the most misconceived idea about restorative justice is that the person who commits a crime does not get punished. To debunk this myth, the idea of what punishment is must be addressed. Modern justice focuses on a crime, a lawbreaker and a punishment. The crime is only “wrong” and therefore punishable by virtue of it breaking a rule created by society. Society is represented by the state and the state is the victim when a crime is committed because the wrong is breaking the state’s rule.
This concept of criminal justice makes the victim an inanimate, unapproachable and inhumane entity. It’s not a wonder that people find it hard to feel empathy for the state and to feel resentful when the punishment is intended to correct the harm done to this victim. When in truth, the actual victims are those people who have suffered harm due to the actions of the wrongdoer. Because there is a wrong committed and people harmed, the wrong doer must take responsibility both for the act and the harms created by the act.
Restorative justice does not absolve the wrong doer of their responsibility. Instead, it directs that responsibility to correct a harm from the state to the actual victims. With murder, the person who committed the crime owes the victim and his/her family a debt he or she can never repay. The murderer essentially can never make right her or her wrong although they are still responsible. In restorative justice, making amends is the “punishment”.
At the heart of restorative justice and the secret of its success is that it focuses on relationship. Like mentioned before, when the wrongdoing and the punishment is focused on the state, it is hard for the wrong doer to feel accountability and/or empathy with the victim. He or she feels disenfranchised and “othered” by a cold justice system that seems focused on just hurting them back. The chance to repair broken relationship doesn’t exist because the state does not have the necessary personhood to be a participant in relationship.