IN THIS CHAPTER… What are the various types of harms that people can experience? Are there specific needs created by the harms that individuals go through?

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Presentation transcript:

IN THIS CHAPTER… What are the various types of harms that people can experience? Are there specific needs created by the harms that individuals go through? How do we hold offenders accountable for the wrongs that are committed? In what ways is community engaged in restorative justice processes? Copyright © 2018 Carolina Academic Press. All rights reserved.

What is Harm? Restorative justice practices focus on the needs of the offender, victim, and the community after a crime has been committed in order to repair the harm caused and begin the process of reconciliation. Understanding the harm that has been done is the first defining pillar of restorative justice. The offender must acknowledge and take responsibility for the harm caused to their victim and to the community, in order to begin making amends. Following a criminal act, victims experience a variety of consequences that begin with an immediate disruption of their lives and continue through various stages that may include long-term trauma. Victimology  the scientific study of the physical, emotional, and social harm that victims experience from crime. Copyright © 2018 Carolina Academic Press. All rights reserved.

Harm Continued… Restorative justice processes utilize a victim-centered approach that is designed to empower victims of crime. Victim empowerment is key to healing. Victimization creates a sense of imbalance, as the sudden experience of harm can lead to stigmatization, isolation, and self-blame. These variables compound the experience of harm that victims have already suffered from the criminal act. Copyright © 2018 Carolina Academic Press. All rights reserved.

A Restorative Approach to Repairing Harms Studies show that many victims of crime who go to court, follow the trial of their offenders, and sit through the sentencing process, still do not feel that the harms they experienced and the resulting needs have been taken care of in a manner that promotes healing and repair. The earliest state of moral development involves the avoidance of punishment. The highest state of moral development implies an abstract understanding of what is right and wrong. The message that punishment alone sends to offenders does nothing to promote a higher level of moral reasoning but rather equates the outcome of their actions with a consequence that is desired to be avoided in the future. Traditional criminal justice proceedings do not allow us to think of the impact of crime beyond court proceedings. Copyright © 2018 Carolina Academic Press. All rights reserved.

A Restorative Approach to Repairing Harms Continued… Restorative justice provides an approach to the reparation process from a more meaningful perspective that redefines justice and punishment beyond conviction and sentencing to appropriately addressing harm and promoting the victim’s needs for healing. Copyright © 2018 Carolina Academic Press. All rights reserved.

Standards of Repairing Harm in Restorative Justice Let victims tell their story  The experience of being able to verbally express a hurt is seen as one of the most significant steps towards healing. It allows those feelings to become transferred to the offender who would then feel a sense of obligation to right the wrong and properly address the harm that has been committed by their actions. Treat each harm as unique  Crime and its solutions are not a “one size fits all”, and the best approach to reduce recidivism is one that accounts for the variable dynamics that exist from offender to offender. Copyright © 2018 Carolina Academic Press. All rights reserved.

Standards of Repairing Harm in Restorative Justice Continued… Alleviate suffering  Feelings of despair, sadness and grief often accompany the experience of crime victimization, especially when the loss is permanent such as in the case of homicide. Psychological stress and trauma can also be experienced by the victim. These emotions cannot be effectively dealt with through the process of dealing with the criminal act as a violation of law. In fact, trial proceedings can actually harm the victim more through feelings of re- victimization (living the crime once again). There should be a significant focus on reparation that mediates the pain associated with the loss as part of the process of addressing this harm. Copyright © 2018 Carolina Academic Press. All rights reserved.

Standards of Repairing Harm in Restorative Justice Continued… Acknowledge secondary victims  These individuals can include families, coworkers, friends, and the community at large. Restorative justice addresses need and seeks reparative solutions that take into account all those who have suffered from the experience of harm, encouraging those who have been impacted to speak out about their victimizations and making sure that actions to repair the harms are extended to them. Copyright © 2018 Carolina Academic Press. All rights reserved.

The full set of 231 slides is available upon adoption The full set of 231 slides is available upon adoption. If you are a professor using this book for a class, please contact Beth at bhall@cap-press.com to request your slides Copyright © 2018 Carolina Academic Press. All rights reserved.