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Examining Restorative Justice

NCJ Number
199099
Journal
Trends & Issues Update Volume: 2 Issue: 5 Dated: June 2001 Pages: 1-4
Author(s)
Phillip Stevenson
Date Published
June 2001
Length
4 pages
Annotation
This paper presents an overview of the restorative justice philosophy, which is emphasized in Illinois Juvenile Justice Reform Provisions of 1998 (Public Act 90-590), and describes the types of programs that are consistent with the philosophy.
Abstract
Restorative justice is victim centered, as repairing harm to the victim caused by the offense is a primary goal of the restorative justice process. Offenders are also central in the restorative justice process, as they are often required to participate in repairing the harm to the victim caused by the offense, as well as any harm to the community and to themselves. Restorative justice requires rethinking the meaning of accountability and the role of punishment in the justice system. Holding an offender accountable in a restorative justice regimen requires that offenders accept responsibility for their actions and actively participate in the restoration of their victims, both materially and emotionally. One of the program types that reflects the principles of restorative justice is family group conferencing. Such conferences most often involve the victim, the offender, and their respective support groups. A trained facilitator moderates the conference. Together, conference participants decide upon the conditions of the final agreement for restorative action by the offender. If an agreement cannot be reached, the matter is referred back to the State's attorney's office. Another program that complies with restorative justice principles is victim-offender mediation. Primarily used with property crimes, victim-offender mediation allows victims the opportunity to participate in a process through which a restitution agreement is reached. Under the mandates and influence of the Illinois Juvenile Justice Reform Provisions of 1998, many Illinois counties are developing restorative justice programs as viable alternatives to traditional responses to crime and delinquency. This paper notes that restorative justice programs are not appropriate for all offenders, since participation must be voluntary. Opinions also differ on where in the process restorative justice strategies should be used. 2 tables and 4 notes