Introduction
Restorative justice as a concept in criminal justice is gaining impetus and popularity in workplaces, schools, and even in the criminal justice system. Restorative justice as a concept helps the parties involved in a crime whether as victims or perpetrators understand the impact of the crime through the art of facilitated communication (Wallis 2). Restorative justice arguably restores the social fabric by proactively eliminating conflicts or mending relationships. Restorative justice also enables the perpetrators understand the consequence of their actions, entrenches accountability and responsibility while also giving closure to the affected (Wallis 2). The Canadian justice has benefited from restorative justice immensely. There are many organizations that use this model to pursue justice. The following is a case study of one of the organizations.
The Chilliwack Restorative Justice and Youth Advocacy Association
This is an association which is located and operates in the city of Chilliwack, in British Columbia, Canada. It is the first national program in the city. The association has dispensed its mandate since its inception in 1998.
Model
There are various models of restorative justice from which an organization can choose. The restorative justice model used by Chilliwack Restorative Justice and Youth Advocacy Association is defined in its mandate. The organization uses a victim-offender mediation model. This is a model in which the perpetrator of a crime and its victims communicate with one another in a face-to-face meeting. The meeting is overseen by a trained mediator. The trained mediator facilitates the meeting where the two parties or groups of parties reflect on the crime committed by the perpetrator and the effects it had on the lives of the two parties (Bazemore and Umbreit 2).
The Restorative Practices International finds that this model offers the victim of the crime an opportunity for closure by drawing answers from the perpetrator regarding the crime, the motivations, and the nature of the perpetrator. The model also gives the perpetrator to understand how his actions harmed the victim and also to take responsibility for the actions. The culmination of this meeting is an endorsed plan of action that reflects the consensus on the measures to be taken for reparations to the victim. Depending on the deliberations between the perpetrator and the victim under the patronage of a trained mediator, some of the measures could include restitution, apology, and community service among others as argued by Restorative Practices International.
Goals
The mandate of the Chilliwack Restorative Justice and Youth Advocacy Association is to foster togetherness and mend relationships between the victims of crime and the perpetrators by enabling a discussion between the two parties so as to develop solutions through which the harm caused by the crime can be repaired. To achieve this mandate, the organization pursues the following goals.
Fostering the involvement of the perpetrators, the victims and the community at large in the resolution of crimes and the process of restorative justice.
Methods
The association is based on a volunteer approach. This means that neither the perpetrator nor the victim can be coerced into taking part in the restorative process. Kramer argues that it is imperative that the parties involved participate out of their volition for the process to be effective and sustainable. The association also focuses on the youth in the city based on the belief that given a second chance, the youth can reform their lives from crime into respectable members of the community.
In is in this spirit that the association offers mentoring opportunities both as a proactive measure to prevent deviation into crime and as a rehabilitative measure to help the youth reform theirs ways. The association believes in the right of the victims to pursue justice, understand the motivations of the perpetrators in committing the crimes, and also pursue restitution for the harm caused by the actions of the perpetrators. In this regard, the association provides a forum through which the victims of the crime can use to get answers from the perpetrators on any pertinent issues they might have regarding the crime. The association also facilitates the victims to receive monetary restitution from the offenders for harms caused by their actions.
Main Obstacles
The association is faced with numerous challenges, one of which is the association is the power differential between the perpetrators and the victims. Even though the restorative justice process offers an opportunity for the perpetrator to gain self-worth, the needs of the victim take precedence. This can be threatened if there is a power gradient between the victim and the perpetrator, with the perpetrator enjoying more influence (Moore 256). There is a challenge for the mediators to ensure that the power differentials are equalized for maximum effectiveness. Other challenges faced by the association in delivering its mandate are the underlying reasons for which certain behaviors are perpetrated. Some of these reasons include structural and distributive injustices and racism, especially where aboriginal Canadians are considered (Moore 270).
Measures of Success
The lack of universal models of restorative justice makes the evaluation for success challenging. However, the association has used a quantitative approach through which they have enumerated the number of people who have relied on their services for restorative justice. In this regard, Kramer reports that 3500 people who were the victims of crimes such as arson, vandalism, shoplifting, break and enter, theft, assault, and mischief have benefited from their services since the inception of the association in 1998.
Conclusion
The use of restorative justice over the traditional approach to justice is seen as a benefit to both the perpetrator and the victim. This concept is faced with numerous challenges, especially with regard to its implementation and evaluation. However, the organizations that use this approach report diverse levels of success. This is the case with the Chilliwack Restorative Justice and Youth Advocacy Association as shown in the case study above. The victims gain restitution of the damages due to the crime aiding their closure while the perpetrator gets a chance to atone, understand the consequences of his actions, and take responsibility.
Works Cited
Bazemore, Gordon and Umbreit, Mark. A Comparison of Four Restorative Conferencing Models. Rockville. Juvenile Justice Clearinghouse. 2001. Print.
Kramer, Katrina. Chilliwack Restorative Justice and Youth Advocacy Association. 2016. Web. 5 Mar. 2016.
Moore, Shannon. Restorative justices: Towards a rights based approach. In Covell, Katherine, and Robert B. Howe. A Question of Commitment: Children's Rights in Canada. Waterloo, Ont: Wilfrid Laurier University Press, 2007. Print.
Restorative Practices International. Restorative justice models. 2012. Web. 5 Mar. 2016.
Wallis, Pete. Understanding Restorative Justice: How Empathy Can Close the Gap Created by Crime. Bristol, U.K: Policy Press, 2014. Print.
