What are the Principles of Restorative Justice?
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“Restorative justice is respect. Respect for all, even those who are different from us,” is a famous quote from Nick Zamby. Restorative justice is an approach to justice that focuses on repairing the harm caused by criminal behaviour. According to Marshall, rather than punishing offenders through traditional methods, restorative justice brings together the victim, the offender, and the community to find a way to repair the harm that has been done (1). Restorative justice is based on the belief that crime is not just a violation of the law but also a violation of the relationships and trust within a community. Marshall also stated that by involving all parties in a dialogue and a process of repairing the harm, restorative justice aims to rebuild trust, promote understanding, and reduce the risk of future offending (1). Restorative justice can take many forms, depending on the case’s specific circumstances. It may involve a face-to-face meeting between the victim and the offender, facilitated by a mediator or restorative justice practitioner. It may also involve a community conference or circle, where community members come together to discuss the harm that has been done and find a way to repair it (Marshall 12). Restorative justice has been shown to have a number of benefits over traditional punitive approaches to justice. It can lead to greater satisfaction among victims, who have a say in the process and can see the harm repaired (Marshall 11). It can also lead to a greater understanding and empathy between the victim and the offender and reduce the risk of future offending. Restorative justice emphasizes the importance of key principles such as empowerment, responsibility, and participation to create a process grounded in inclusivity.
Inclusion is a fundamental principle of restorative justice. Inclusion is including or being included within a group or structure. According to Acorn, restorative justice seeks to create an inclusive process that involves all parties affected by the crime, including the victim, the offender, and the community (2). Everyone has a role to play in repairing the harm caused by criminal behaviour. Inclusion is important because it acknowledges that crime is not just a violation of the law but also a violation of the relationships and trust within a community. Acorn also stated that by involving all parties in repairing the harm, restorative justice aims to rebuild trust, promote understanding, and reduce the risk of future offending (4). The victim is at the center of the restorative justice process. Victims can tell their stories, express their feelings, and have a say in repairing the harm (Acorn 2). Inclusion means that the victim is not simply a witness to the crime but an active participant in the repair and restoration process; This can help the victim to feel empowered, heard, and validated. The offender is also included in the process of restorative justice. The focus is on holding the offender accountable for their actions and providing them with the opportunity to make amends for the harm they have caused; This can involve apologizing, making restitution, or taking other steps to repair the harm (Acorn 1). Inclusion means that the offender is not simply punished and excluded from the community but given a chance to take responsibility for their actions and positively reintegrate into the community. Thus, one of the principles of restorative justice is inclusion, as it seeks to create an inclusive process that involves all parties affected by the crime, including the victim, the offender, and the community.
Another key principle of restorative justice is empowerment, which emphasizes the importance of giving people impacted by crime a voice in addressing the harm that has been done. Empowerment means giving individuals the tools and resources to take control of their healing and recovery. According to Erb, empowerment is a fundamental principle of restorative justice because it recognizes that those who have been harmed by crime have a right to be heard and to participate in the process of repairing the harm that has been done (12); This is in contrast to traditional criminal justice systems, which often marginalize victims and prioritize punishment over healing and restoration. Erb also stated that one of the key ways in which restorative justice empowers individuals who have been impacted by crime is by giving them a direct say in the process of addressing the harm that has been done (12); This might involve participating in a restorative justice circle, where the victim, offender, and other stakeholders come together to discuss the impact of the crime and work collaboratively to find ways to repair the harm that has been done. In this way, victims are allowed to share their experiences and feelings and have a say in how the offender can make amends for their actions. Empowerment also means giving individuals the tools and resources to take control of their healing and recovery. Empowerment involves providing access to counselling or other support services or working with community organizations to develop programs to help individuals impacted by crime build resilience and coping skills (Erb 13). Thus, empowerment is another key principle of restorative justice, which emphasizes the importance of giving people impacted by crime a voice in the process of addressing the harm that has been done.
Another key principle of restorative justice is responsibility, which emphasizes the importance of taking responsibility for one’s actions and making amends for the harm caused. Responsibility means recognizing the broader impact of one’s actions on the community and addressing the underlying issues that may have contributed to the behaviour. According to Gang responsibility is a fundamental principle of restorative justice because it recognizes that those who have caused harm are accountable for their actions and have a responsibility to repair the harm that has been done (6); This is in contrast to traditional criminal justice systems, which often prioritize punishment over accountability and rehabilitation. Gang also stated that one of the key ways in which restorative justice promotes responsibility is by creating opportunities for offenders to take ownership of their actions and to make amends for the harm that has been caused (6); This might involve participating in a restorative justice circle, where the offender is allowed to hear directly from the victim and to take responsibility for their actions. In this way, the offender is allowed to make things right and repair the harm that has been caused. Responsibility involves engaging in community service, counselling or other support programs or working with community organizations to address systemic issues that may have contributed to the behaviour (Gang 8). Thus, another key principle of restorative justice is responsibility, which emphasizes the importance of taking responsibility for one’s actions and making amends for the harm caused.
In conclusion, restorative justice offers a transformative approach to addressing the harm caused by criminal behaviour. It departs from traditional criminal justice systems prioritizing punishment and retribution over accountability, rehabilitation, and community building. Restorative justice emphasizes the importance of key principles such as empowerment, responsibility, and participation to create a process grounded in inclusivity. Through restorative justice, individuals impacted by crime are given a voice in addressing harm and promoting healing. Offenders can take responsibility for their actions, make amends for the harm done, and work towards rehabilitation and community building. Victims can be heard, have their needs and perspectives considered, and work toward healing and rebuilding their lives. Restorative justice offers a system grounded in compassion, respect, and equity and places the needs of victims and communities at the center of addressing harm and promoting healing.
Acorn, Annalise. “Restorative justice compared to what?” Routledge international handbook of restorative justice. Routledge, 2018. 377-391.
Erb, Cathy Smeltzer, and Peyton Erb. “Making Amends: A Restorative Justice Approach to Classroom Behavior.” Teacher Educators’ Journal 11 (2018): 91-104.
Gang, Daye, et al. “A call for evaluation of restorative justice programs.” Trauma, Violence, & Abuse 22.1 (2021): 186-190.
Kirkwood, Steve. “A practice framework for restorative justice.” Aggression and Violent Behavior 63 (2022): 101688.
Madu, Randi Hernanto. “The Restitution of Children as Victims of the Crime of Obscenity in the Principles of Restorative Justice.” Estudiente Law Journal 2.3 (2020): 530-546.
Marshall, Christopher D. “Restorative justice.” Religion Matters: The Contemporary Relevance of Religion (2020): 101-117.