Examples Of Restorative Justice

The notion that restorative justice “is ‘soft on crime,’ equates with ‘political suicide’ despite potential cost-cutting and restorative benefits.” To challenge fears about a loss of political capital from policy makers and prosecutors, there needs to be a shift from focusing on punishment to focusing on accountability, which can be far more demanding of offenders because it requires engagement and action. In this way, restorative justice becomes “tough on crime,” and a prison sentence becomes “soft on crime.”

Isolated Implementation
Restorative justice is not a quick fix program. In fact, restorative justice has been called a process, not a program. It works best with a paradigm shift in the way people think about justice and punishment,

Legislation would provide a framework for state and local implementation that includes protections for victims’ and offenders’ rights, parameters for programs, and guidance for incorporating restorative justice into existing criminal justice system. There are four different opportunities for introducing restorative justice into the existing criminal justice system: “(a) at the police level (pre-charge); (b) the prosecution level (post-charge but usually before trial)[;] (c) at the court level (either at the pre-trial or sentencing stages[)]; and (d) corrections (as an alternative to incarceration, as part of or in addition to, a non-custodial sentence, during incarceration, or upon release from prison[)].” An Oregon statute could provide a logistical outline for implementing restorative justice at all four points in the juvenile justice

In addition to providing an opportunity for exposure and training, teaching restorative justice in law schools would help shape leaders who “‘develop the vision, the skills, and the passion’ to successfully transform the criminal justice system.” Clinical programs would offer law students an experience in understanding first hand how the criminal justice system works to protect rights, but fails to repair harm and address needs. In addition, restorative justice clinics “provide an excellent opportunity for law schools to benefit the community through public service,” which is an embodiment of restorative justice principles in and of itself.

For practicing attorneys, Continuing Legal Education (CLE) courses would be an opportunity to teach and train restorative justice practices.

II. Conclusion

Restorative justice offers a transformative experience for everyone involved. Restorative processes center the needs of victims, while holding offenders meaningfully accountable and involving the community in the healing process. These processes also result in more victim satisfaction and reduce recidivism, which creates safer communities and healthier people. Oregon should enact a comprehensive restorative justice statute to give precedent to court’s and prosecutor’s offices to adopt restorative justice principles and practices for