Restoring Justice to the Community: A Realistic Goal?

• NCJ Number: 189644
• Journal: Federal Probation Volume: 65 Issue: 1 Dated: June 2001 Pages: 33-39
• Author(s): Susan Sarnoff
• Date Published: June 2001
• Length: 7 pages
• Sale Source: NCJRS Photocopy Services
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article explores the inherent difficulties of implementing any kind of full or consistent restorative justice model within the current criminal justice system; it reviews how restorative justice has been reflected in the criminal justice system, opposition to restorative justice, and the programmatic changes that must occur to realize restorative justice.

Abstract

The model used by the Balanced and Restorative Justice Project at the University of Minnesota is "founded on the belief that justice is best served when the community, victim and youthful offender receive balanced attention, and all gain tangible benefits." Restorative justice prioritizes reimbursement to the victim and the community over other forms of punishment and is generally reserved for nonviolent offenders. A great deal of attention has been paid to restitution and other forms of victim reimbursement, not because they are the only forms of restorative justice, but because they are the most extensive, long-standing, and well-developed. Mediation and reconciliation programs are more controversial, because they apply to so few cases and because some people find them ideologically repugnant. When the community component of restorative justice is addressed at all, it is most often in using community members in roles as mediators or in community service as offender punishment. Few programs reflect recognition of the community as victim in any meaningful way. Full restorative justice is incompatible with the current criminal justice system. Although some elements of restorative justice are used in isolated areas and cases, this use is not only limited in scope but focuses on victims and to a lesser degree on offenders. The community as a whole has not received attention from those implementing restorative justice components. Although there could be many benefits in extending such implementation, it would require a major overhaul of the criminal justice system and diversion of attention from victims and offenders alone to the broader causes and effects of crime. 51 references