In this blog post, we will look at how restorative justice approaches crime from a different perspective than traditional criminal justice and learn about its positive effects on victims, perpetrators, and the community.
In 1974, boys in Canada were arrested for vandalizing a house and a car. The probation officer suggested to the judge in charge of the case that the case be resolved with the boys’ apologies and a settlement between the parties, which the judge accepted. As a result, the boys took responsibility for their actions through volunteer work and compensation, and returned to being members of the community. This led to the creation of a “victim-offender reconciliation” program, which was the first application of the judicial perspective of “restorative justice.” Restorative justice is a new perspective of criminal justice that aims to restore the victims of crime, damaged relationships and communities, and is a new response to crime. Here, criminal justice can be said to be a judicial system for crime and punishment.
The philosophy underlying restorative justice is that all human beings are inherently good, and that wrongdoing is the result of circumstances or environments, not their nature. Therefore, it is important to provide offenders with opportunities for change and improvement so that they can return to society as members of it. This approach has the overarching goal of restoring all damaged relationships caused by crime, rather than simply imposing punishment.
Existing criminal justice is based on the retributive theory and the resocialization theory. The retributive theory is a theory that sees the imposition of harm that will offset the crime as the essence of punishment, and punishment itself is the purpose. However, the continuous increase in crime shows that the retributive theory focuses on the punishment of crimes and criminals that have already occurred, and prevention is weak. The resocialization theory is a theory that places the purpose of punishment on the return of the criminal to society as a normal member. This focuses on preventing future criminal acts by educating the criminal’s anti-social personality through punishment and education, but it is also criticized for the increasing recidivism rate. In addition, criminal justice based on retributive theories or resocialization theories has been criticized for focusing on the relationship between the state and the criminal actor, with the state acting on behalf of the victim in legal disputes, and therefore paying little attention to victims or the local community.
Restorative justice basically approaches crime from a different perspective. The existing perspective views crime as a rebellion against the state and an illegal act, but restorative justice views crime as an act that destroys individuals or human relationships. So far, criminal justice has focused on the perpetrator, the law that was violated, and punishment, while ignoring the victim, and has been solving problems through courtroom battles between the offender and the state, with representatives acting as agents in a competitive relationship. Restorative justice, however, focuses on the victim and the restoration of the damage. The basic response is dialogue and agreement, which is achieved through the autonomous participation of the victim, the offender, and members of the community, including mediators who mediate between the two. It is believed that if the offender hears the victim’s situation directly and feels guilty, his or her feelings and attitude will change, and this change will allow the victim to heal and change as well. Restorative justice aims to restore through apologies, compensation, forgiveness, and reconciliation, and it also sees the community that has been harmed by crime as the subject of restoration and the solution to the problem.
For example, restorative justice programs for juvenile offenders have been very successful in New Zealand. Through these programs, young people experience the impact of their actions on the community and individuals, which leads to a sense of responsibility and a significant reduction in recidivism. In addition, some states in the United States have reported that restorative justice has been applied in domestic violence cases, leading to better relationships between victims and perpetrators and a return to family stability.
Furthermore, restorative justice goes beyond simply restoring relationships between individuals, and lays the foundation for victims, perpetrators, and communities to grow together. For example, in Norway, restorative justice provides various educational programs in prisons, helping inmates develop the skills they need to adapt to society after they are released. This approach contributes to the safety and peace of society as a whole.
Restorative justice cannot completely replace the existing perspective. In Korea, it is currently applied to a limited extent to supplement criminal justice. Nevertheless, restorative justice is meaningful in that it provides the offender with an opportunity to be forgiven and the victim with the possibility of recovery. This approach goes beyond simply punishing crime and opens the way for victims, perpetrators, and communities to grow and recover together. Therefore, the spread and application of restorative justice could bring about important changes to the criminal justice system in the future.
This restorative justice approach has the potential to bring about major changes to our society’s criminal justice system. This approach, which goes beyond simply viewing crime as a legal issue and emphasizes the restoration of social relationships and communities, can contribute to the establishment of a more humane and inclusive justice system. If more research and cases prove the effectiveness of restorative justice and legal and social support is provided to institutionally support it, we will be able to more fundamentally solve crime and the damage it causes.
Finally, for restorative justice to take root effectively, institutional support is needed. Along with legal reforms, the establishment of a specialized agency dedicated to restorative justice is important. In addition, it is essential to inform the general public of the philosophy and methodology of restorative justice and to gain understanding and support through education. Spreading the values and principles of restorative justice in various areas, such as schools, workplaces, and local communities, will greatly help crime prevention and social integration in the long run.
Restorative justice can be an important tool to complement existing criminal justice and promote safety and peace throughout society. Therefore, we must continue to work to expand and develop restorative justice.
