Restorative Justice in a Nutshell

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    CHAPTER _____: RESTORATIVE JUSTICE

    RESTORATIVE JUSTICE IN A NUTSHELL

    1. What is restorative justice?

    It is different way of thinking about crime and our response to it.

    It focuses on the harm caused by crime: repairing the harm done to the

    victims and reducing future harm by preventing crime.

    It requires offenders to take responsibility for their actions and for the

    harm they have caused. It seeks redress for victims, recompense by offenders, and reintegration of

    both within the community. It is achieved through a cooperative effort by communities and the

    government.

    2. How is restorative justice different from what we do now?

    It views criminal acts more comprehensively, rather that defining crime

    only as lawbreaking. It recognizes the offenders harm to victims, to

    communities and even to themselves. It involves more parties, rather than giving key roles only to government

    and offender. It includes victims and communities as well. It measures success differently, rather than measuring how much

    punishment has been inflicted. It measures how much harm has been

    repaired or prevented.

    It recognizes the importance of community involvement and initiative inresponding to and reducing crime, rather leaving the problem of crime to

    the government alone.

    3. How does restorative justice respond to crime?

    It emphasizes victim recovery through redress, vindication, and healing.

    It emphasizes recompense by the offender through reparation, fair

    treatment, and rehabilitation. It establishes processes through which parties are able to discover the truth

    about what happened and the harms that resulted, to identify the injusticesinvolved and to agree on future actions to address those harms.

    It establishes evaluation processes through which the community and

    government may consider whether new strategies to prevent crime areneeded.

    4. How does restorative justice seek to prevent crime?

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    It builds on the strengths of community and government. he community

    can build peace through strong, inclusive and righteous relationships! thegovernment can bring order through fair, effective and parsimonious use

    of force. It emphasizes the need to repair past harms in order to prepare for the

    future. It seeks to reconcile offenders with those they have harmed.

    It helps communities learn to reintegrate victims and offenders.

    THE TEN COMMANDMENTS

    OR RESTORATIVE JUSTICE

    "hen you do justice restoratively#..

    I. $ou will focus on the harms of crime rather than the rules that have been

    broken,

    II. $ou will be equally concerned about victims and offenders, involving both

    in the process of justice.

    III. $ou will work toward the restoration of victims, empowering them and

    responding to their needs as they see them.

    I%. $ou will support offenders while encouraging them to understand, accept,

    the carry out their obligations.

    %. $ou will recognize that while obligations may be difficult for offenders,

    they should not be intended as pain.

    %I. $ou will provide opportunities for dialogue, direct or indirect, between

    victim and offender as appropriate,

    %II. $ou will find meaningful ways to involve the community and to respond

    to the community bases of crime.

    %III. $ou will encourage collaboration and reintegration rather than coercion

    and isolation,

    I&. $ou will be mindful of the unintended consequences of your actions andprograms,

    &. $ou will show respect to all parties'victims, offenders, justice, colleagues.

    Crime wounds Jusi!e "e#$s

    H#rr% Mi #nd How#rd 'e"r( )**+

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    Inern#ion#$ ,uide$ines -or "e Po$i!e in "e L#w

    En-or!emen Adminisr#ion o- Ju.eni$e Jusi!e

    I. Police Officers in General

    (. )bandon outdated concepts that juvenile justice is an

    unimportant part of police work.

    *. +nroll in specialized training on the effective and

    humane care of children either as victims or accused of

    coming into conflict with the law.

    . -articipate in child educational programs which help

    prevent child crime and child victimization.

    . ry to get to know the children and their families in your

    area.

    /. 0e alert to places and adults presenting real criminal risks

    and to the presence of children in such places.

    1. If children are sighted away from school during school

    hours, inquire and notify the family and the schoolauthorities.

    2. -romptly investigate any evidence of neglect or abuse of

    children in their homes, communities or police facilities.

    3. 4eet regularly with social workers and medical

    personnel to discuss child issues relating to your work.

    5. 6eep all records of children in separate and secure

    storage.

    (7.8eport to superiors any information indicating that a

    colleague is breaching a childs rights.

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    II. Police officers in supervisory positions

    (. +ncourage the use of variety of dispositions for

    alternatives to institutional treatment of children

    including care, guidance and counseling.

    *. )ssist in the development and implementation of

    community programs for the prevention of juvenile

    crime.

    . +stablish child'sensitive procedures, consistent with their

    human rights requirements, for bringing detained

    children before a court.

    . 9evelop non'stigmatizing strategies for protecting

    children in especially vulnerable circumstances, such as

    poverty, homelessness, abusive families or high crime

    areas.

    /. 9evelop child'sensitive interview techniques and

    procedures.

    1. 0egin to develop a special child unit for child crime and

    child victimization.

    2. +stablish independent and impartial child'centered

    procedures for direct complaints and communications to

    be made by children.