Restorative justice does not imply the punishment of the guilty person but their involvement in the social rehabilitation process in restoring the damage caused to the victim. It is a procedure wherein all the parties involved in a specific offense agree on how to handle the offense’s consequences for the future and its aftermath (Worrall, 2008). Rehabilitation is achieved through various means, such as sentencing circles, community service, victim-offender mediation, community reparative boards, and others.
Specific characteristics should be considered when considering an offender for restorative justice punishment. For instance, the psychological and family background of the offender should be examined before using the restorative justice method. The examination is done to understand the reason for their crime (addiction, poverty, poor mental state, etc.). Second, the severity of the crime conducted means it would be challenging to be involved in one-to-one meetings for the victims of violent crimes. Traumatic cases, such as sexual assault or homicide, should not be considered for restorative justice. Third, the age of the criminal is also an important parameter. Restorative justice is often applied to teenagers – it is either an opportunity to make amends without going to jail, or it is used to resolve conflicts at school. When considering the adult criminal court, it is not recommended to be applied in lieu of a sentence. The chances of recidivism in adult criminals are higher than in youngsters. In other words, restorative justice should mainly be applied to minors and not be eligible for adults.
In conclusion, restorative justice should only be applied in these circumstances: the offender is a minor, and the crime was not callous (robbery and destruction of property, for example). It is also important that the court evaluate the mental states of both the victims and perpetrators, to make an accurate ruling. Restorative justice should not be applied to adults unless circumstances out of the ordinary – poor mental health, since adults have a higher risk of re-offense.
References
Worrall, J. L. (2008). Crime Control in America: What Works? Pearson/Allyn and Bacon.