Here's Why Restorative Justice Really Works

A Tallahassee Democrat newspaper article

Re: “Save restorative justice for after the sentencing” (My View, Jan. 23). 

Gary Whittenberger states that the practice of restorative justice before sentencing, as in McBride-Grosmaire murder case, is unethical, inappropriate and ineffective. He suggests that the victim’s family is at fault for influencing a lesser sentence for the offender. He also states that the victim’s family simply desired an apology, rather than what the author considers real justice. 

Unfortunately, Whittenberger is not at all familiar with the scope, purpose, procedure and value of restorative justice, or the positive impact this process made. 

All criminal acts, especially violent crime, involve much more than the breaking of a law. Criminal activity affects the emotional state of all parties. Restorative justice attempts to repair those injuries. 

The traditional system seeks only to apply a punishment to a convicted criminal. Once a traditional sentence is given, the victim, victim’s family and offender’s family have no opportunity for emotional healing. The offender has no opportunity to atone and work toward being a part of the community once again. But emotional closure has been shown to have a deeper impact than general punishment, because it interjects humanity into the equation. 

Restorative justice is victim-initiated. There is no mandate here, nor would a restorative justice session occur without agreement by the offender. In short, both parties must want to open a dialogue. It provides an opportunity for the victim to speak directly to the offender in a controlled environment moderated by a trained facilitator. 

Restorative justice is not about replacing the court system or going soft on crime. Restorative justice expects offenders to take responsibility for their actions and assists them in taking steps to help heal the harm they have caused. The restorative justice process doesn’t mean there won’t be jail time, as the McBride-Grosmaire case clearly shows. It means that there may be other actions the victim would like to see happen. 

Restorative justice is fiscally conservative. Facilitators, victims, offenders and their respective support systems are brought together to discuss what happened and who holds the obligations to make things better, and an agreement is drafted to list those obligations. The facilitator follows up to see that the agreement was honored. If the agreement is followed, a normal court process is not needed. This saves the state time and money as well as providing a more satisfactory outcome for the victim and the community. 

Restorative justice is being used around the world. New Zealand has adopted restorative justice practices as a first step in its overall justice system — a first step because helping the victim and the community may mean actions in addition to or other than jail for the offender. This first step provides victims and the community a true voice in healing. 

Whittenberger writes that the state must consider the resolution of feelings of victims and survivors, the protection of the community, proportional punishment of the offender, deterrence of others and rehabilitation. In this case, all of these factors were met by using a restorative justice process that supplemented the court system. 

The agreement, approved by the State Attorney’s Office and the court, provided a more healing outcome to both the victim’s family and the offender’s family (often overlooked in the court process). It involved 20 years of jail time, years of probation and a requirement for educational outreach to high schools regarding dating violence. 

Most offenders will re-enter our society more humanized if they are allowed to take real responsibility for their actions. By hearing the full impact of their actions and taking steps to make things better for the victim and community, an ex-offender may feel the power of atonement and a renewed sense of belonging to the community. Restorative justice studies show that offenders who’ve had the opportunity to make things better and honor their agreement have lower recidivism rates. We want this in Florida. 

The Legislature should look to restorative justice, but look at it as Colorado’s legislature did last year: By allowing judges to provide the option of a restorative justice process to the victim, allowing pre-filing diversion to restorative justice programs for juveniles (helping to stop the school-to-prison pipeline), and providing funding for pilot programs and a study to show the effects these processes have on recidivism, victim satisfaction and community involvement. 

The goals of restorative justice are intentionally focused. Restorative justice seeks to reveal what really happened, what impact the event had on everyone involved, who owns the obligations to make things better, and how that can be accomplished. 

Given the positive aspects, this process should be seen as a beneficial addition to our justice system. Healing and powerful, restorative justice provides a way for individuals and communities to repair the damage from crime or conflict and prevent future crimes from occurring. 

Attorney Kelly McGrath is a trained restorative justice facilitator volunteering with It’s All About Connection! and is on the Advisory Council of the National Association of Community and Restorative Justice. Contact her at kellyannmcgrath@gmail.com.