Between the Lines

What worries me about the restorative system is that engaging in criminal behavior becomes a surefire ticket to garner compassion. Some folks may feel that their best shot at receiving loving attention in this world will be to commit a crime. Need a hug? Shoot somebody.

Restorative practices can be used in cases of criminal behavior, but they don't need to be limited to such. If someone is acting out in order to get help, he/she will likely start with less severe behavior. Why not engage in a restorative process at that point before someone gets seriously hurt?

Here is the way I look at it: Children are our future. We should teach our children compassion and understanding when they are young. If teachers and parents have done their part, the rest is up to the individual. I see several problems with the restorative system approach. One of the biggest problems I see is, where do you draw the line? As unfair as the justice system may seem right now, there are distinct punishments for each crime committed. If it is your first offense, you may get lucky and get a judge who is lenient. If you are truly remorseful, (and depending on the crime) you might just get away with doing community service. My cousin was a drug dealer at 17. He did a ton of community service for his crime. My brother committed a felony. He wore an ankle bracelet. I have known a handful of people who seemed to just get a slap on the wrist because they were young and it was their first offense. I can see using the restorative process if it is the person's first offense, perhaps in addition to community service. For the people I mentioned, none of them had any more problems because they were afraid of going to jail.

I wanted to mention that all of the people I know that got slaps on the wrist are white. Since Dr. Lyubansky teaches the Psychology of Race, I'm sure he would be interested to know that.

Restorative practices are not a "free pass" or a "soft option." As espoused by the International Institute for Restorative Practices (IIRP), a master's degree granting graduate school in Bethlehem, Pa., restorative practices are as much about holding people accountable for their actions as they are about "being compassionate."

To learn more about restorative practices, go to: .

To learn more about the IIRP, go to .

To see a series of articles about how restorative practices are being successfully employed worldwide, go to: .

To subscribe free to receive such articles, go to: .

Laura Mirsky
International Institute for Restorative Practices

My links did not come through - let's try again:

To learn more about restorative practices, go to: http://www.iirp.org/whatisrp.php

To learn more about the IIRP, go to: http://www.iirp.org

To see a series of articles about how restorative practices are being successfully employed worldwide, go to: http://www.iirp.org/lib_online_collection.php

To subscribe free to receive such articles, go to: http://www.iirp.org/join_eforum.php

Thanks,

Laura Mirsky
International Institute for Restorative Practices

I appreciate the article, highlighting restorative justice. It is interesting to read the comments. My work is all about restorative justice, I appreciate the comments that it is complicated.

Our agency works to implement restorative justice programs locally and the blog is to promote skills for other Circle-keepers.

www.scvrjp.org, www.circlespace.wordpress.org.

thanks.

Kris

I do respect this process, especially when compared with the modern behavioristic view on crime and punishment. This modern system is dedicated to maintaining the status quo. It also neglects the human aspect in every possible way. People stop being people when they are labeled "criminal".
As long as the restorative circles are identified and handled uniquely according to there specific circumstance, then this should work.

This method has been tried (by me) and has failed in India (State Bank of India- Union-Management relationships- O.D. exercises through 1980-82). It wasn't called "restorative justice" but, "conflict management". There is an excellent seminal article by Blake, Shepard and Mouton (HBR early '70s. My papers were published by the National Institute of Bank Management (Pune) The primary reasons for failure is that no matter what the method, the mentality is caught up in "retributive", "adversarial" and "win-lose" paradigms. It is almost impossible in a Nation like India, where the very Constitution breeds such thought processes in the 9th Schedule etc, and Governance has inlaid casteist, sexist and "minority" notions into every aspect of the Country such that the choice of a lawyer to appear before a judge as much as who is to be President of India is governed by such principles rather than by any notion of equity, integrity, merit or logic. "Retribution", "Adversary", and "Win at the others' expense", have been cast in law and governance by "Divide and Rule" politics for 65 years:

I it is uplifting to be reading more about the restorative justice system and to know the the use of it is growing. I do believe that it is simple as the article says, but it is overcoming our belief in the merits of punishment that is difficult. For most people it has to be experienced to be be believed, witnessed at the very least. The reluctance to feel compassion for a person capable of doing a heinous thing is understandable. But I do believe that the full process of opening ones heart and really feeling empathy is life altering. It alters the brain, habits and beliefs. It is not painless either. Often one who has harmed another would really rather pay through punishment than to go through the, sometimes long arduous, journey of growing compassion for the suffering of the victim. But when this process is taken together, criminal and victim, the distance between the 2 becomes less. Of course there is also the understandable concern that a criminal could just pretend to go through this process and feel no authentic compassion for the other. We must become wise in our ability to know, feel, authentic compassion in others for this to be effective.