Now that we’ve had a brief introduction to Restorative Justice (RJ), let’s dig a little deeper.    First, let’s address the question of when, where, and why Restorative Justice programs started in the first place.   Please refer here for this article's sources.

Origins of Restorative Justice

Restorative Justice was first used in Vermont in 1994 as a result of several factors:

• Rates of crime were down, but the percentage of convictions leading to incarceration had increased significantly.
• Previously, harsher laws had been passed which meant criminals were serving longer prison terms.
• State records indicated that petty criminals were more likely to re-offend if they had served jail time than if they had received probation.
• Vermonters wanted a say in holding these low risk offenders accountable for their crimes, because they believed they could do a better job than the system was currently doing.

Types of Restorative Justice Cases

Last time, I mentioned that RJ is generally used with certain types of crimes.    What kinds?    These days, Restorative Justice is typically used with “low-risk” or “petty” offenses, such as:

• Drunk-driving
• Vandalism
• Shoplifting
• Violations of neighborhood noise level ordinances, and
• Welfare fraud.

However, some states, like Texas, are using RJ principles in cases where severe crimes have been committed (sexual assault, murder, etc.)

Restorative Justice is also most commonly used with juvenile offenders who are first time offenders.   This is where the preventive measure comes in.    The hope and intent is that by educating young people about the negative consequences of their behavior on their victims and on the community as a whole, they will be less likely to offend again.

Restorative Justice Models

Today, we’re going to briefly list four different Restorative Conferencing models.   All of these approaches to the RJ process occur once the offender has:

1. Plead guilty
2. Been sentenced by the court
3. Had their sentence amended or suspended, and
4. Agreed to develop some kind of reparative contract to make amends for their crime.

The four Restorative Conferencing models are as follows:

• Victim/Offender Mediation
• Reparative Boards
• Family Conferencing, and
• Circle Sentencing.

Basically these models differ in several main ways.    They differ in who participates, in the victim’s role, in how participants are prepared for inclusion in the process, and in the central outcomes sought.   We will explore some of these issues in future installments, so stay tuned!