Eligibility for a Restorative Justice Approach
Discussion Post:
What types of offenders and crimes should be eligible for a restorative justice approach?
Are there specific crimes for which a restorative justice approach should not be used in any circumstance? Why or why not?
What criteria would you use in determining eligibility for a restorative justice approach?
Learning Resources:
Required Readings
Centre for Justice and Reconciliation. (2019a). Lesson 3: ProgramsLinks to an external site.. In Tutorial: Introduction to restorative justice.
Gavrielides, T. (2017). The victims’ directive and what victims want from restorative justiceLinks to an external site.. Victims & Offenders, 12(1), 21–42.
Mangan, K. (2018, September 21). Why more colleges are trying restorative justice in sex-assault casesLinks to an external site.. Chronicle of Higher Education, 1.
Office of Juvenile Justice and Delinquency Prevention. (n.d.-b). Balanced and restorative justice practice: Accountability. In Guide for implementing the balanced and restorative justice model.
Office of Juvenile Justice and Delinquency Prevention. (n.d.-d). Balanced and restorative justice practice tools. In Guide for implementing the balanced and restorative justice model.
Note: Focus on Table 6.
Office of Juvenile Justice and Delinquency Prevention. (n.d.-f). Role changes in balanced and restorative justice. In Guide for implementing the balanced and restorative justice model.
Pavelka, S., & Thomas, D. (2019). The evolution of balanced and restorative justiceLinks to an external site.. Juvenile & Family Court Journal, 70(1), 37–58. doi:10.1111/jfcj.12125
Sottile, L. (2015, October 5). Abuser and survivor, face to face. The Atlantic.
Van Camp, T. (2016). Understanding victim participation in restorative practices: Looking for justice for oneself as well as for others. European Journal of Criminology, 14(6), 679–696.
CNN. (n.d.). The redemption project with Van JonesLinks to an external site..
Restorative Forum. (2015, May 14). A restorative justice meeting (short version)Links to an external site. [Video file].
Week 2 Discussion: Restorative Justice
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Restorative justice constitutes a corrective measure tailored to address an offense while targeting and mitigating the harm caused and acknowledging the need to maintain positive relationships within the community to ensure humanity thrives. It may be available for specific crimes a child or youth has perpetrated. Many restorative justice programs incorporate low-risk offenders who have committed relatively minor offenses. Restorative justice includes victim-offender mediation, sentencing circles, and family group conferencing. Some crimes targeted in restorative justice include mental, emotional, or physical harm or financial loss caused directly by the criminal offense. Restorative justice also addresses crimes that cause loss or suffering to the family following the demise of their member as part of efforts to ensure healthy relationships between the offender and the victims’ household (Gavrielides, 2017).
There are no specific crimes that cannot be addressed using a restorative justice approach. Even for offenders of more complicated and severe crimes, including domestic violence, murder, or sexual assault, denying them the opportunity for restorative justice only undermines their chance to reform and create healthy relationships in the community. However, it is anticipated that the restorative justice proce...