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what is
restorative justice
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Restorative Justice is a new framework for the criminal justice system
that is rapidly gaining acceptance and support throughout British
Columbia and Canada. It is a philosophical framework which has been
proposed as an alternative to the current way of thinking about crime
and criminal justice. Restorative justice emphasizes the ways in which
crime harms relationships in the context of community. Crime is viewed
as a violation of the victim and the community, not as a violation of
the state. |
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| The restorative justice model
makes the offender accountable to the victim and the community.
Accountability for offenders is defined in terms of taking
responsibility for actions and taking action to repair the harm caused
to the victim and the community. It provides for immediate, active
participation by the victim, the offender and the community in the
process of repairing the fabric of community peace. As the parties to
the incident meet to tell the story of the offence from their
perspective, emotion is expressed and valued and understanding is
developed. This foundation provides the meeting with the potential to
conclude with an agreement which is particular to the dispute, as well
as, achievable by the parties. The model values the parties voluntary
and direct participation in this process, whose goal is to create a
valid agreement which will resolve the injustice. A valid agreement
must ensure that the debt is feasibly paid and the harm done is
repaired. Following the completion of restitution, the restorative
justice concept promotes the reintegration of both the victim and the
offender into the community as a whole and contributing member. |
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Community and personal safety and peace are at the core of the
restorative justice philosophy. It promotes community ownership
through local involvement; developing and implementing justice
programs which will reflect community values, as well as
transforming community perception, relationships and structures.
Restorative justice is a framework through which we can all share
our community peacekeeping responsibilities. |
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| The
choice is ours! | 
principles of restorative justice
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Crime is
first of all a harm done to victims. The State (Regina) is an
abstraction, and as such is not a victim of crime. It is an
instrument of the community for the purposes of providing needed
resources.
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The
duties of the State are to provide resources and processes that
effectively address the harms done to victims, the re-integration of
offenders into the community and ensure that the broader community
harms and needs are adequately dealt with in a manner that nurtures
a same, healthy society and a restored community.
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A
fundamental component of crime is that it is an act of disrespect
toward another. restorative justice holds that effective
responses to crime must be responses that address the issue of
respect for the humanity of both the victim and the offender.
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Individuals who create harm for
others need to be accountable and responsible directly to those
harmed in ways that meaningfully address the harms done. The
offender's responsibility is to make right the wrong to the greatest
degree possible. This includes attending to needs created by
the offence, and attending to personal needs which led to the
offence.
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It is in
the best interest of the community, the victim and the offender for
justice responses to focus on healing and (re)integration of victim
and offender into the community. Leave one or more of the
parties to a crime out and restorative justice is negated.
Victims must be respected and their needs fully met. Offenders
must be respected but their criminal act(s) condemned.
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Restorative justice also
recognizes that "offender" and "victim" labels are temporary and
interchangeable over time within any community.
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Restorative justice addresses
crime at the earliest point possible with the maximum amount of
voluntary cooperation and the minimum amount of coercion.
Processes that delay addressing the crime create further harm and
victimization for all involved in the process.
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Processes
that encourage collaboration and voluntary participation
create potential for transformation and healing. Adversarial,
coercive processes tend to increase or multiply harms and to be
counterproductive to transformation and healing.
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When
offenders and/or victims are unable or unwilling to respond to crime
in a collaborative way, the State on behalf of the community must
use alternate processes, including separation of the offender from
the community and deprivation of freedom of movement. All
parties must still be treated with fundamental respect. The
ultimate goals must be retained: responsibility and accountability
for the offender in making right the harm done, and encouraging
healing and health for all involved to the end tat the community is
peopled by healthy and whole persons.
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(We wish to
acknowledge the work of Ron Classen, Frenso Pacific College, Calif.
and the Fraser Region Community Justice Initiative Association,
Langley, BC) |
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