Restorative Justice Is Healing Justice

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What We Have Is Adversarial Justice

"The adversarial system (or adversary system) of law is the system of law, generally adopted in common law countries, that relies on the skill of each advocate representing his or her party's positions and involves an impartial person, usually a jury, trying to determine the truth of the case." Wikipedia

Until the last ten years I had gotten most of my knowledge of the courts from the ubiquitous Law and Order as well as other programs. Oh, yes and there was the OJ trial. We have seen bad guys get off and good guys go to jail. We believe, however, that except for rare occasions, these dramatic license cases, the system works as an agent for justice for the victim. So did I.

However after serving on a jury and as a Death Penalty Mitigation Specialist, I know that isn't the case. And it really can't be. Look at the very accurate definition above. You have one person working for this thing called 'the people' whose job is to convict and another working for the defendant whose job it is to get an acquittal. Both of them have their job and their reputations, careers and income are based on their doing just what their role is telling them to do. Now, while it is still better than many systems in the world, do you really think that it is going to be a vehicle to find the truth? No, it can't be. The only people whose job that is are the jury and they can only get information from people whose job it is to convict or get an acquittal.

Restorative Justice VS Adversarial Justice 

What We Need Is Restorative Justice

The current system sees the state and the injured party. If you are mugged, the guilty person has committed a crime against the state and only incidentally against you. Any stolen property, including money, is held by the state until it is finished with it. You may never get it back. You might be called as a witness, if it behooves the state or 'the people' to have a trial. You might get some sympathetic words from the prosecutor, or you may not. If you want to confront your mugger, you do not have the option. You may get to do a victim's impact statement, if the state sees fit to have a trial and not settle.

Restorative justice focuses on the victim and the impact on the community. These are not abstracts like the people, or even the state. There is more of a impetus to find the truth of what happened.
Important!

Eleanor Roosevelt

"When will our conscience grow so tender that we will act to prevent human misery rather than avenge it?"
Important!

Madge Michaels-Cyrus

"Nonviolence doesn't always work -- but violence never does."

What Is The Difference?

The Circle of Restorative Justice 

Important!

-Anonymous

"Anger is an acid that can do more harm to the vessel in which it stands than to anything on which it is poured."

How Restorative Justice Is Different

First you must know that Restorative Justice is not a Kumbaya love circle. It is not meant to be easy on the guilty. However, it is victim and community focused. There are no abstracts, "the people". Yes, violent and non violent people are still put away, sometimes for life. This isn't a system where a form of 'community service' for violent crimes. It is not a way for the wealthy to buy freedom by re-embursing families.

But the victim is part of the process and has the right to demand a confrontation with the guilty and on the victims' time. If you are the victim of the mugging up above, you could confront the mugger on your time table. You could ask for other kinds of reparations that you might need. The crime was against you primarily, the community secondarily, but not 'the state'.

It is also not about the guilty feeling better, it is about the victim feeling better. It is about the guilty truly taking responsibility. Being punished by the state, while often difficult, it really a way for the guilty to be absolved of responsibility while never really dealing with the damage that they cause.

A Foundation for Restorative Justice

A Healing River - Restorative Justice - DVD Trailer
by heartspeak | video info

47 ratings | 22,849 views
curated content from YouTube

Dr Tom Cavanagh Teaches Restorative Justice in the Schools

Yes, where better to start to learn personal responsibility to those you harm than in your youth. Could programs like this have prevented Columbine like incidents?

"The purpose of this website is to provide a forum for me to share with others the work I am doing. Currently I am primarily working in the field of restorative justice and particularly restorative practices in schools. My research and professional development interests focus on how schools can use restorative practices to respond to student wrongdoing and conflict in conjunction with a culturally appropriate pedagogy of relations in classrooms under the umbrella of a culture of care to create safe schools. In this environment students experience freedom from harm and the threat of harm and freedom to be who and what they are."

Tom Cavenagh

US Depeartment of Justice on Restorative Justice

US Department of Justice

For those of you who really want to study the issue, the synopsis of 5 symposia are here.

"For some time now there has been growing dissatisfaction with the justice system. Citizens feel disconnected, victims are dissatisfied, and those working in the system are frustrated. Policymakers are increasingly concerned about the burgeoning cost of justice in the face of this discontent and the high rates of recidivism that exist."

A Victim's Story

Victim Story Restorative Justice
by jlo0rj | video info

29 ratings | 21,541 views
curated content from YouTube

Restorative Justice Continuum

Restorative Justice Continuum - Howard Zehr Ph.D EMU
by heartspeak | video info

40 ratings | 23,779 views
curated content from YouTube

Its Time To Shift to Restorative Justice

Restorative justice is the path to healing for the victims of crime. It focuses on the victim and the victim's needs. It holds the criminal not just responsible for breaking the law, but also for reparations to the victim.

Do You Think We Need Restorative Justice

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It Is Time for Restorative Justice and Here is Why...

Allison Sawyer says:

oops wrong name!!!

Allison Sawyer says:

read the whole book of touching spirit bear

thinkingaloud says:

"Anger is an acid that can do more harm to the vessel in which it stands than to anything on which it is poured."

I have just returned from the Greenbelt Festival in the UK where something very similar was said by a mother whose son was murdered. She and her husband had refused to let anger poison their lives. Amazing people.

thinkingaloud says:

It can only work if both parties are prepared to work hard at it but when it does work it can be healing and restoring for both victim and offender. I have been privileged to make several videos on the subject.

sousababy says:

Restorative justice gets to the root of the healing process. It humanizes the laws meant to protect society and it empowers OTHER victims to come forward. Some people who are abuse still feel a sense of shame or guilt. And, sometimes when a victim finally DOES defends him/her self it is viewed (falsely) as 'both' are in the wrong. This needs to change.

We Should Keep What We Have and Here Is Why..

fgggg says:

Actually I agree with you It is what god said to do!!!!

VivianAldana says:

No we do not need "restorative justice" There is really no such thing. You cannot "undo" anything that has been done. You cannot "unsay" anything that has been said. "Do not take revenge, my friends, but leave room for God's wrath, for it is written: "It is mine to avenge; I will repay," says the Lord. Romans 12:19 Because he is the creator of the universe, I think I'll stick with His plan. Our whole justice system is predicated on the Biblical foundation of the Ten Commandments; given by God directly to Moses.

 
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Restorative Justice On the State Level

Many states, including Texas, the state with the most executions, have provided agency help to Restorative Justice programs. This is a good sign. Perhaps they are seeing that we have come to the end of the era of Adversarial Justice and it is time to evolve into something different.

Minnesota

Making Things Right

More on Justice from Margo

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Please Sign in With Your Thoughts About This Lens and Restorative Justice

  • AndyPo Jan 24, 2012 @ 4:31 am | delete
    Excellent lens. Very interesting and thought provoking.
  • Tipi Jan 13, 2012 @ 9:40 pm | delete
    May Restorative Justice become an increasing reality in our world....returning with a fresh angel blessing on this excellence!
  • SAPearl Oct 9, 2011 @ 7:04 am | delete
    Wonderful lens, the most comprehensive information I've seen about restorative justice. I heard a woman interviewed recently who did this process with her rapist. I'm not sure I'd be that brave, but for her it was a very healing experience.
  • ChrisDay May 2, 2011 @ 10:14 pm | delete
    Whether this only happens on Google Chrome or not, I don't know but it looks like a bunch of the images have gone AWOL. I took ages restoring all mine y'day.
  • ltraider Apr 17, 2011 @ 1:13 pm | delete
    What a great explanation on restorative justice. Would you mind if I used this in my Social Studies class?
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Forgiving Dead Man Walking

Victims don't have to forgive in order to gain from restorative justice. Many of them don't, especially those who have had loved ones murdered. However, there is a kind of forgiveness, one that is more of a letting go, that is healing.

Forgiving the Dead Man Walking: Only One Woman Can Tell the Entire Story

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Many Ways to Learn About Restorative Justice

Restorative Justice Reader: Texts, Sources and Context

Restorative Justice Reader: Texts, Sources and Context

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The Little Book of Restorative Justice (The Little Books of Justice & Peacebuilding) by Howard Zehr

The Little Book of Restorative Justice (The Little Books of Justice & Peacebuilding) by Howard Zehr

Vengeance and bitter violence have had their turns-without more...1 point

Handbook of Restorative Justice: A Global Perspective by Dennis Sullivan

Handbook of Restorative Justice: A Global Perspective by Dennis Sullivan

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Critical Issues in Restorative Justice

Critical Issues in Restorative Justice

In a mere quarter-century, restorative justice has more...1 point

The Little Book of Restorative Discipline for Schools: Teaching Responsibility; Creating Caring Climates (The Little Books of Justice and Peacebuilding Series) by Lorraine Stutzman Amstutz, Judy H. Mullet

The Little Book of Restorative Discipline for Schools: Teaching Responsibility; Creating Caring Climates (The Little Books of Justice and Peacebuilding Series) by Lorraine Stutzman Amstutz, Judy H. Mullet

So who has time to prepare food these days We time more...0 points

Restorative Justice: Ideas, Practices, Debates by Gerry Johnstone

Restorative Justice: Ideas, Practices, Debates by Gerry Johnstone

Restorative justice is one of the most talked abou more...0 points

Restorative Justice: Ideas, Practices, Debates by Gerry Johnstone

Restorative Justice: Ideas, Practices, Debates by Gerry Johnstone

Restorative justice is one of the most talked abou more...0 points

Restorative Justice in the United States by Clifford K. Dorne

Restorative Justice in the United States by Clifford K. Dorne

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Handbook Of Restorative Justice

Handbook Of Restorative Justice

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Restorative Justice & Responsive Regulation (Studies in Crime and Public Policy) by John Braithwaite

Restorative Justice & Responsive Regulation (Studies in Crime and Public Policy) by John Braithwaite

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Restorative Justice and Family Violence

Restorative Justice and Family Violence

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Restorative Justice and Civil Society

Restorative Justice and Civil Society

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Restorative Justice and the Law

Restorative Justice and the Law

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Restorative Justice: How It Works by Marian Liebmann

Restorative Justice: How It Works by Marian Liebmann

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'Will the Circle be Unbroken?': Aboriginal Communities, Restorative Justice, and the Challenges of Conflict and Change by Jane Dickson-Gilmore, Carol La Prairie

'Will the Circle be Unbroken?': Aboriginal Communities, Restorative Justice, and the Challenges of Conflict and Change by Jane Dickson-Gilmore, Carol La Prairie

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Restorative Justice in South Africa

Archbishop Desmond Tutu on Restorative Justice
by mcmancao | video info

21 ratings | 11,427 views
curated content from YouTube

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