PRINCIPLE #1: Crime is primarily an offense against human relationships and secondarily a violation of a law (since laws are written to protect safety and fairness in human relationships).
Laws are important. They provide a context and guide. However, it would not be possible to write enough laws to cover all of the ways that one might violate another person or their relationship. The laws that have been written cover the violations that a majority of the people or legislators have decided are serious enough to have in a form which allows the state to take an action in regard to the one who violates the law. But again, our real concern is not the law, it is the violation of human relationships that caused the law to be written in the first place.
When we place the emphasis on the violation of law instead of the violation of the human relationship, we hide or mask the real violation. It is possible for an offender to be tried and sentenced for an offense, more or less serious, and never be fully aware of the human consequences or impact of the violation.
If we take a purse snatching for an example, the offender may admit guilt or be found guilty and punished. What he doesn’t know and take responsibility for is that the victim had to get a new license, credit cards, and perhaps change locks on the house out of fear becuse the offender knew the address, and the list goes on and on.
This significant human violation is most likely never dealt with. And the needs of the victim created by the offense will most likely be completely ignored.
The real problem, the violation of the human relationship, is ignored and therefore what we are most concerned about has been hidden. In fact, when we focus primarily on the violation of the law, we inadvertently encourage denial of responsibility.
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PRINCIPLE #2: Restorative Justice recognizes that crime (violation of persons and
relationships) is wrong and should not occur and also recognizes that after it does, there are dangers and opportunities.
The danger is that the community, victim(s), and/or offender emerge from the response further alienated, more damaged, disrespected, disempowered, feeling less safe and less cooperative with society. The opportunity is that the injustice is recognized, the equity is restored (restitution and grace), and the future is clarified so participants are safer, more respectful, and more empowered and cooperative with each other and society.
... While it is important to recognize the wrong, it is also very important how that is done. If it stigmatizes and isolates the offender so they become less cooperative with society, it is counterproductive. But if the response leads to new learning and changing behavior for the future, it is very helpful to the restoration of both
victim and offender.
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PRINCIPLE #3: Restorative Justice is a process to make things as right as possible and includes: attending needs created by the offense such as safety and repair of injuries, relationships and physical damage resulting from the offense; and attending needs related to the cause of the offense (addictions, lack of social or employment skills or resources, lack of understanding or will to make moral or ethical decisions, etc.).
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PRINCIPLE #4: The primary victim(s) of a crime is the one(s) most impacted by the offense. The secondary victims are others impacted by the crime and might include family members, friends, criminal justice officials, community, etc.
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PRINCIPLE #5: As soon as immediate victim, society, and offender safety concerns are satisfied, Restorative Justice views the situation as a teachable moment for the offender–an opportunity to encourage the offender to learn new ways of acting and being in community.
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These principles suggest that justice is a process for making things as right as possible rather than simply punishing the offender.
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