Parallel justice for victims of crime

….Susan acknowledges value in restorative justice programs but sees
them as affecting a tiny minority of victims.  Her words long ago have
stuck with me:  “I’ll believe restorative justice is victim-centered
when it’s available whether or not an offender is identified, whether or
not the offender acknowledges responsibility.”  So if I correctly
understand her recent comments to me (while sharing the biggest piece of
carrot cake either of us had ever faced), she sees a place for
restorative justice as an option but, in her words to me, “not every
victim can take advantage of it, and even for those who do, it has
limited – very important, but limited – value.”

This is true if we see restorative justice as primarily
victim-offender encounter programs. However, my preference is to view
restorative justice as something much broader and deeper:  as an overall
philosophy of justice.

It may well be that even restorative justice would require parallel
systems.  However, to be coherent as an overall system of justice, there
must be a unifying concept and set of principles guiding both sides. 
The criminal justice concept, with its focus on lawbreaking and
providing “deserved” sanctions, cannot adequately incorporate the victim
side.  With that approach we are forever stuck between the “crime
control” and “due process” polices (See “Three
justice orientations” blog entry).  Restorative justice, however,
could provide a way out of this dichotomy, guiding both tracks.  It need
not be limited to the rungs or pathways between the two sides of the
ladder.

From a restorative justice perspective, justice should essentially
focus on repairing harm, preferring inclusive and collaborative
processes to adversarial ones.  If justice would emphasize repairing
harm, then, victims would play an integral role; their voices would be
heard, they would be given options, their needs would be taken into
account.  Although I know there can be great value in various forms of
victim offender encounter, I am increasingly convinced that the ultimate
importance of restorative justice is as this overall philosophy, not
specific practices.

Read the full article.