Example 1 : Every day when I pick up my newspaper I read about crime. What strikes me as tragic in these discussions is that the solutions which are proposed are simply more of the same: bigger threats, more punishment. Few people ask more basic questions about whether punishment ought to be our main concern. Even fewer seem genuinely concerned about victims and what they need.
Consequently, victims’ needs and wishes continue to be ignored. Prisons are massively crowded, and the call for a return to the death penalty is back with a vengeance. The costs to us as taxpayers keep soaring.
Actually, there is good reason why we ignore victims and focus instead on more punishment for offenders. It has to do with our very definitions of what constitutes crime and what justice entails.
If you have been a victim, you know something about the fear, the anger, the shame, the sense of violation that this experience generates. You know something about the needs that result: needs for repayment, for a chance to talk, for support, for involvement, for an experience that feels like justice. Unfortunately, you may also know from personal experience how little help, information and involvement you can expect from the justice process.
If you have experienced crime, you know for a fact that you yourself are the victim, and you would like to be remembered in what happens thereafter. But the legal system does not define the offence that way and does not assume that you have a central role.
Legally, the essence of the crime lies in breaking a law rather than the actual damage done. More importantly, the official victim is the state, not you. It is no accident, then, that victims and their needs are so often forgotten: they are not even part of the equation, not part of the definition of the offence!
When a crime occurs, the state as victim decides what must be done, and the process of deciding focuses primarily on two questions: “Is the person guilty? If so, how much punishment does he or she deserve?” Our definitions of crime and justice, then, might be summarized like this:
Crime is a violation of the state and its laws.
Justice establishes blame and administers pain through a contest between offender and state.
This way of viewing crime might be called “retributive justice.” It has little place for victims, uses what some scholars have called a “battle model” for settling things, and, because it is centered so heavily on establishing blame, looks primarily to the past rather than the future. It assumes that punishment or pain, usually in the form of a prison term, is the normal outcome.
This process concentrates almost exclusively on offenders, but, ironically, does not hold them accountable. To be accountable, offenders ought to be helped to understand and acknowledge the human consequences of their actions. Then they ought to be encouraged to take responsibility for what happens thereafter, including taking steps to right the wrong. Yet this rarely happens; indeed, the justice process discourages responsibility. Thus neither victim nor offender is offered the kind of opportunities that might aid healing and resolution for both.
But what is the alternative? How should we understand crime and justice?
An alternate understanding of crime and justice might look something like this:
Crime is a violation of people and their relationships.
Justice identifies needs and obligations so that things can be made right through a process which encourages dialogue and involves both victims and offenders.
A restorative approach to justice would understand that the essence of crime is a violation of people and of harmonious relations between them. Instead of asking first of all, “Who ‘done’ it? What should they get?” (and rarely going beyond this), a restorative approach to justice would ask “Who has been hurt? What can be done to make things right, and whose responsibility is it?” True justice would have as its goals restoration, reconciliation, and responsibility rather than retribution.
Restorative justice would aim to be personal. Insofar as possible, it would seek to empower victims and offenders to be involved in their own cases and, in the process, to learn something about one another. As in the Victim-Offender Reconciliation Program (VORP), which operates in many communities in the U.S. and Canada, when circumstances permit, justice would offer victims and offenders an opportunity to meet in order to exchange information and decide what is to be done. Understanding of one another, acceptance of responsibility, healing of injuries, and empowerment of participants would be important goals.
If our ancestors could view crime and justice this way, why can’t we?