"The legal process too often fails to confront offenders with the reality of their offending. They do not experience the hurt and anger of the victim nor the understanding, forgiveness, and even support that can follow a genuine and personal expression of contrition. Any feelings of victimisation on the offender's part are likely to be accentuated by punishment handed down in the name of a faceless state. Judges, lawyers and others in court all play their parts in a ritualised process or drama; it is hardly surprising that many defendants, their attention almost entirely on their own predicaments, shuffle through their lines with little more in mind than a desire to get off the stage as quickly as they can."
Judge Fred McElrea (1996)

What does restorative justice mean in practice?

- Why does the criminal system not work?
- Is there an alternative approach?
- What does restorative justice mean in practice?
- Does restorative justice work?

The following case was reported in 1998 in the Calgary Herald newspaper under the title - "Justice alternative - repentant teen faces victims of his crimes" It gives a flavour of restorative justice in action.

Breaking into a vacant house in broad daylight and stealing $5,000 worth of a family's property was the easy part. Walking into the community hall to face his victims and neighbours, seeing their hurt and the pain he caused his family, was one of the most difficult things the teen has ever done. But if he was to ever truly turn his life around and atone for his crimes, which includes seven other break-ins, it had to be done. 'I was thinking I was gonna get lynched, just like the olden days', said the lanky 15-year-old boy. 'I was scared and nervous. But I wanted the victims to understand why I did it - just for the money - and that I was not some crazed stalker'.

The teen, with full support of his parents, has accepted responsibility and pleaded guilty to his crimes. He also is willingly parti-cipating in the Community Restoration Conferencing program as an alternative to the traditional justice system. The teen began the healing process by attending the conference and listening as his victims outlined the effect of the break-in on them. He then wrote apology letters to victims of all eight crimes, specifically noting items he took and his willingness to try to get them back. Next, he spoke to students at a neighbourhood school, including the victims' two sons, and answered tough, blunt questions about why he committed the crimes and what he was doing about it. He'll return later in the school year, after sentencing, and give them an update.

But the real atonement comes when he performs 50 hours of personal services for that family that suffered the worst losses. He'll return to the scene of the crime to help cut the lawn, prune the trees, paint the house and do other chores. If that works out as hoped, he'll move inside the house for more work. 'I was scared at first, then angry, but I knew this wasn't a personal vendetta. He was just after the money', said the woman victim whose family has been supportive of the program. We have to start gaining his trust, step by step, because he broke ours. If this program stops one kid from breaking the law, it'll be worth it'.

To date restorative schemes have most commonly been used to divert juveniles involved in property offences from court or from prison, as in the Canadian case described above. But their potential application is much wider. They have been tried with adults as well as juveniles, and at all stages of the criminal process, even in prisons. Many victims of serious offences are willing to cooperate in restorative processes. Serious offenders can and regularly do comply with restorative obligations.

For example a recent New Zealand case of drunken driving causing death resulted in a prison sentence of 18 months for the offender ('Derek'). There was also a restorative justice conference which brought Derek, his partner and mother together with representatives of the family of the deceased ('Michael'). Derek made the following promises which were accepted by Michael's relations:

1. While serving his term of imprisonment, he would undertake alcohol and drug counselling.
   
   
2. He would study for a trade certificate in car spraypainting and panelbeating so that he could obtain regular employment upon release.
   
   
3. He would undertake the Alternatives to Violence programme.
   
   
4. When he was released from jail, he would continue not to drink.
   
   
5. He would seek and find employment.
   
   
6. He would not apply for another driver's licence, if permitted to apply for one, until either he had made the decision never to drink again, or, after further alcohol counselling to be undertaken after release from jail, that he was sure that he would never again drink and drive.
   
   
7. He would correspond with Michael's family, and if they were happy for him to do so, would report on his progress in jail.
   
   
8. He would meet with Michael's parents and the restorative justice facilitator at any time in the future they desired to meet him, whether in jail or after his release from jail.
   
   
9. He would write personally to Michael's parents, expressing his sorrow for what had happened, and offering to meet them if they ever wished to talk with him about what happened.

Derek's promises allowed the healing process to begin. This is a much more satisfactory outcome for all concerned than putting him in prison and throwing away the key.

— Does restorative justice work?

The principles of restorative justice could have an impact on the rate of crime and the size of the prison population. For example, in Japan where the criminal justice system has traditionally been restorative in its operation, the crime rate has declined dramatically throughout the last fifty years. This has been contrary to the trend in the developed world. Professor John Haley from the University of Washington, has written about how Japanese culture reinforces values of confession, repentance, forgiveness and leniency. When Japanese offenders confess the usual routine is for the offender, and often their family, to approach the victim in an attempt to make redress and seek forgiveness. This is typically given and means that the prosecution is suspended or if the case reaches court it is dealt with leniently. Many sentences are suspended and it is rare for anyone to go to prison for more than one year.

Professor Haley concluded that "restorative approaches are successful in correcting offenders, empowering and healing victims, and restoring the community. The Japanese experience thus provides insights for other industrial societies seeking to establish a more humane and just system of criminal justice, one free from the human and economic costs of overcrowded prisons, increasing crime and victim alienation. The lesson learned is that restorative justice works".

The Irish Penal Reform Trust believes that restorative justice offers a way out of the current preoccupation with punishment and prisons. It must be a key element of any attempt to solve the problem of crime. It is a balanced response which meets the needs of victims, offenders and the wider community.

Recommendations

1. New crime policies should be designed around the principles of restorative justice.
2. Victim-offender mediation projects should be available in all District Court areas.
3. Diversion to a restorative process should be routine for young people and an option for adults.

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