What is Restorative Justice?

Restorative justice is a philosophical approach to wrongdoing that focuses on the needs of the victim and the offender, as well as the involved community. It is based on a theory of justice that considers crime and wrongdoing to be an offense against relationships, rather than the state or school. Restorative approaches involve working WITH the participants not prescribing or directing a response to wrongdoing. Restorative justice practices are not prescriptive and require training and support for facilitators so there may be flexibility and creativity within the framework. Yet fidelity to restorative justice principles and values must be adhered to regardless of the model deployed. These practices foster dialogue between victim and offender and often engage affected community members. Restorative justice practices show high rates of victim satisfaction and offender accountability. There are a wide variety of models within the scope of restorative justice practices. However, they all rest in a set of values principles that are fundamental to any restorative justice practice.

Traditional Criminal Justice Asks:

  1. What laws have been broken?
  2. Who did it?
  3. What punishment do they deserve?

Restorative Justice Asks:

  1. Who has been hurt?
  2. What are their needs?
  3. Whose obligation is it to meet those needs?

Restorative Justice is:

  • Rooted in the values and principles of restorative justice practices (The 5 R’s)
  • Contact is made with victims and offenders of the crime the process will address
  • Victims choose to be present, represented by a surrogate or other means and may provide an impact statement
  • Invite voluntary participation from directly impacted parties
  • All parties are willing for the incident to be handled restoratively and be represented or present.
  • Community is represented when appropriate
  • Facilitated by trained facilitators adhering to the Colorado Facilitator Code of Conduct and Standards of Practice
  • Be conducted in circles with no tables/barriers to the extent possible
  • Focus is repair of harm

The 5 Rs of Restorative Justice

RELATIONSHIP

Restorative practices recognize that when a wrong occurs, individuals and communities feel violated. It is the damage to these relationships that is primarily important and is the central focus of what restorative practices seek to address. When relationships are strong, people experience more fulfilling lives, and communities become places where we want to live. Relationships may be mended through the willingness to be accountable for one’s actions and to make repair of harms done.

RESPECT

Respect is the key ingredient that holds the container for all restorative practices, and it is what keeps the process safe. It is essential that all persons in a restorative process be treated with respect. One way we acknowledge respect is that participation in a restorative process is always optional. Every person is expected to show respect for others and for themselves. Restorative processes require deep listening, done in a way that does not presume we know what the speaker is going to say, but that we honor the importance of the other’s point of view. Our focus for listening is to understand other people, so, even if we disagree with their thinking, we can be respectful and try hard to comprehend how it seems to them.

RESPONSIBILITY

For restorative practices to be effective, personal responsibility must be taken. Each person needs to take responsibility for any harm that was caused to another, admitting any wrong that was done, even if it was unintentional. Taking responsibility also includes a willingness to give an explanation of the harmful behavior. All persons in the circle are asked to search deeply in their hearts and minds to discover if there is any part of the matter at hand for which they have some responsibility. Everyone needs to be willing to accept responsibility for his or her own behavior and the impacts it has on other individuals and the community as a whole.

REPAIR

The restorative approach is to repair the harm that was done, and the underlying causes, to the fullest extent possible, recognizing that harm may extend beyond anyone’s capacity for repair. Once the persons involved have accepted responsibility for their behavior and they have heard in the restorative process about how others were harmed by their action, they are expected to make repair. This allows us to set aside thoughts of revenge and punishment. It is essential that all stakeholders in the event be involved in identifying the harm and having a voice in how it will be repaired. It is through taking responsibility for one’s own behavior and making repair that persons may regain or strengthen their self-respect and the respect of others.

REINTEGRATION

For the restorative process to be complete, persons who may have felt alienated must be accepted into the community. Reintegration is realized when all persons have put the hurt behind them and moved into a new role in the community. This new role recognizes their worth and the importance of the new learning that has been accomplished. The person having shown him or herself to be an honorable person through acceptance of responsibility and repair of harm has transformed the hurtful act. At the reintegration point, all parties are back in right relationship with each other and with the community. This reintegration process is the final step in achieving wholeness.

Victim Centered

Colorado law defines restorative justice practices as “practices that emphasize repairing the harm caused to victims and the community by offenses.” Practices that emphasize meeting the needs of victims are considered “victim-centered.” Practices that are initiated by victims or family survivors are considered “victim-initiated.” These terms sometimes overlap. Being victim-centered means holding the care and concern for the victim as the primary consideration. It is important that victims have choice, safety, and support when considering and participating in a restorative justice process. This includes choice about whether, when, and how to participate; physical and emotional safety during all interactions; and the support of a qualified facilitator with training in the needs of crime victims.

Scroll to Top