Restorative justice

Most judicial systems around the world are based on the concept of punitive justice. That's to say, someone commits a crime and is punished for it by paying a fine or serving prison time. The fine, of course, is paid to the state. By contrast, a prisoner's expenses are paid BY the state. No where in this process is the victim or the victim's family or friends really involved. Offenses are deemed crimes against society, not against an individual. That's why criminal cases are usually named "The people vs John Smith" and not "[The victim] vs John Smith."

Restorative justice is an alternative path that emphasizes repairing the harm caused or revealed by criminal behaviour. It is best accomplished through cooperative processes that include all stakeholders..

Punitive justice doesn't do anything for the victim or his loved ones. And while prisons are usually called by some euphemism like 'correctional facilities,' rehabilitation isn't really what they're about. The punitive justice system is about punishment and that's it. That's why so many criminals leave prison even more hardened and anti-social than before they entered.

Restorative justice won't bring the dead back to life but it does make criminals to confront the effects of the crimes on other people. It pushes those who've done wrong to think of someone other than themselves. Without being so confronted, it's easy for the criminal to see himself as a persecuted victim.

I know that restorative justice won't going to work in all cases but it's something worth introducing on a small scale. My mom always said, "If you make a mess, clean it up." Punitive justice never forces anyone to clean up their mess. It simply grounds them for years or decades.

Radio Netherlands English Service did powerful documentary on how restorative justice in the New Zealand justice system.

Restorative justice is also being being attempted in Rwanda. It's a process that many see as the only way for true reconciliation to arrive in the country following the 1994 genocide.