How does restorative justice differ from traditional criminal justice and how does it work?

Restorative justice, which originated in Canada in 1974, is a new approach to criminal justice that seeks to restore relationships between individuals and communities harmed by crime and hold offenders accountable.

 

In 1974, boys were arrested in Canada for vandalizing a house and car. A probation officer recommended to the judge that the case be resolved with an apology from the boys and a settlement between the parties, which the judge accepted. As a result, the boys took responsibility for their actions through community service and restitution and were reintegrated into the community. This led to the creation of a victim-perpetrator reconciliation program, the first application of the restorative justice perspective. As such, restorative justice is a new perspective on criminal justice and a new response to crime that aims to restore victims, damaged relationships, and communities. In this context, criminal justice is the justice system that deals with crime and punishment.
The philosophy underlying restorative justice is the belief that all human beings are inherently good and that misbehavior is the result of circumstances or environment, not their nature. Therefore, it is important to give offenders the opportunity to change and improve, so that they can become a contributing member of society again. This approach goes beyond simply imposing punishment and has a broader goal of repairing any damaged relationships that have resulted from the offense.
Traditional criminal justice is based on retributive and resocialization theories. Retributive justice is a theory that sees the imposition of harm to offset the crime as the essence of punishment, and punishment is an end in itself. However, the ongoing rise in crime shows that retributive criminology focuses on punishing crimes and criminals that have already occurred and does little to prevent them. Re-socialization is a theory that focuses on the purpose of punishment to reintegrate the offender into society as a normal member. It focuses on preventing future crimes by reforming the offender’s antisocial personality through punishment and education, but it has been criticized for its high recidivism rate. It has also been argued that criminal justice based on retributive or re-socialization theories focuses on the relationship between the state and the criminal offender, with the state taking the place of the victim in legal disputes, and therefore pays less attention to the victim or the community.
Restorative justice fundamentally approaches crime from a different perspective. While traditional justice views crime as an offense against the state, restorative justice views crime as an act that destroys individuals or relationships. Traditional criminal justice focuses on the perpetrator, the law violated, and the punishment, while ignoring the victim, and solving the problem through legal battles between the perpetrator and the state in a competitive relationship. Restorative justice, on the other hand, focuses on the victim and the restoration of harm. Its primary response is dialogue and consensus, involving the victim, the perpetrator, and community members, including a mediator to reconcile the two. The idea is that if the perpetrator hears the victim’s side of the story and feels guilty, his feelings and attitudes will change, and this change will allow the victim to heal and change. Restorative justice aims to restore through apology, reparation, forgiveness, and reconciliation, and it also sees the community affected by the crime as the object of restoration and the problem solver.
In New Zealand, for example, restorative justice programs for juvenile offenders have been highly successful. In New Zealand, for example, restorative justice programs for juvenile offenders have been highly successful, with young people experiencing firsthand the impact of their actions on the community and on themselves, which has led to greater accountability and a significant reduction in recidivism. In the United States, some states have used restorative justice in domestic violence cases, with reports of victims and offenders building better relationships and restoring stability to their homes.
Furthermore, restorative justice is not just about restoring relationships between individuals; it also creates a foundation for victims, offenders, and communities to grow together. In Norway, for example, restorative justice has been used to provide a range of educational programs in prisons, empowering inmates to reintegrate into society after release. This approach contributes to the safety and peace of society as a whole.
Restorative justice is not a complete replacement for the traditional view. It is currently applied in Korea as a complement to criminal justice. Nevertheless, restorative justice is significant because it can give offenders a chance to be forgiven and victims the possibility of recovery. Rather than simply punishing crimes, this approach creates a pathway for victims, offenders, and communities to grow and recover together. The spread and application of restorative justice could lead to important changes in the criminal justice system going forward.
This approach to restorative justice has the potential to transform the criminal justice system in our society. By moving beyond viewing crime as a legal issue and emphasizing the restoration of social relationships and communities, these approaches can contribute to a more humane and inclusive justice system. As more research and practice demonstrates the effectiveness of restorative justice, and the legal and social support is put in place to institutionalize it, we will be able to more fundamentally address crime and its harms.
Finally, restorative justice needs institutional support to be effective. Alongside legislative changes, it is important to establish specialized organizations dedicated to restorative justice. It is also essential that the philosophy and methodology of restorative justice be communicated to society at large, and that understanding and support be gained through education. Spreading the values and principles of restorative justice in schools, workplaces, and communities will help prevent crime and social inclusion in the long run.
In this way, restorative justice can complement traditional criminal justice and become an important tool to promote safety and peace in society at large. Therefore, we must continue to work towards the expansion and development of restorative justice.