I attended a very nice question and answer period at Marquette University today led by former Judge Derek Mosley Director of Marquette University Law School-Lubar Center for Public Policy Research and Civic Education. His special guest was retired Judge Mary Triggiano, Director of the Andrew Center for Restorative Justice and Adjunct Professor of Law. The main event today was about Restorative Justice and how does it work. Just a little about Judge Triggiano and her background. She was born in Racine and had four brothers and sisters. She attended catholic grade and high schools before going to University of Wisconsin Oshkosh. Eventually she attended the University of Wisconsin law school. Governor Jim Doyle appointed her as judge where she recently retired.
Restorative Justice is rooted in the belief that everyone has a role to play in addressing harm, it largely relies on people talking and listening carefully to one another. It is a set of principles and practices that create a different approach to dealing with crime and its impacts. It works to address the dehumanization frequently experienced by people in the traditional criminal justice system. Instead of looking at the act as a violation of the law, restorative justice sees this action as a violation of people and relationships. It seeks to look at the harmful impact of crime. It then determines what can be done to repair that harm while holding the person who caused it accountable for his or her actions. The offender must except responsibility and act to repair the harm done. Outcomes seeks to repair the harm and address reasons for the offense. But also reduce the likelihood of re-offense. It looks at results on how successfully the harmed is repaired rather than what punishment is melted out in the traditional setting.
Victims and survivors are the most important people in this system. In this system victims are empowered to participle more fully than in the traditional system. The community also plays an important role in this process. They help to establish a standard of conduct, helping to hold an offender accountable, and provide support to the parties involved. This leads to opportunities to help repair the harm that has occurred. The opportunity to express the harm a victim has experienced, full participation in decision making, and support from the community all aid in the healing in the aftermath of a serious crime.
Restorative justice is not good for some cases. It is a voluntary process and both the harmed party and responsible party need to engage willingly. Only effective when the responsible party takes responsibility. No guilt is determined. For this process you need well-trained facilitators who first take the time to meet individually with all involved parties. Thay need to determine that no further harm will be caused by bringing those involved together in dialogue. In the United States it has been used for minor offenses or juveniles. Research shows it could be used for more serious crimes. Finally, some restorative justice programs accept direct community referrals, allowing the criminal justice system to be bypassed entirely.