In this blog post, we will examine how restorative justice approaches crime from a different perspective than the traditional criminal justice system and explore its positive effects on victims, offenders, and the community.
In 1974, in Canada, a group of boys were arrested for vandalizing homes and cars. A probation officer recommended to the presiding judge that the case be resolved through the boys’ apologies and a mutual agreement between the parties, and the judge accepted this proposal. As a result, the boys took responsibility for their actions through community service and restitution, and were reintegrated into the community. This incident led to the creation of a “victim-offender reconciliation” program, marking the first application of the judicial perspective known as “restorative justice.” Thus, restorative justice is a new perspective within criminal justice—and a new approach to crime—that aims to restore victims wounded by crime, as well as damaged human relationships and communities. Here, criminal justice refers to the judicial system concerning crime and punishment.
The philosophy underlying restorative justice is the belief that all human beings are inherently good, and that wrongful behavior is the result of circumstances or the environment, not their nature. Therefore, it is important to provide offenders with opportunities for change and rehabilitation, helping them return to society as members of the community. This approach has a comprehensive goal of restoring all relationships damaged by crime, rather than simply imposing punishment.
Traditional criminal justice is based on retributive and resocialization theories. Retributive theory views the imposition of harm to offset the crime as the essence of punishment, making punishment itself the goal. However, the persistent rise in crime highlights the problem that retributive theory focuses primarily on punishing crimes and offenders after the fact, while placing little emphasis on prevention. The theory of rehabilitation views the purpose of punishment as the offender’s return to society as a normal member. While this theory emphasizes reforming the offender’s antisocial behavior through punishment and education to prevent future criminal acts, it too has been criticized due to rising recidivism rates. Furthermore, it has been argued that criminal justice systems based on retributive or resocialization theories pay little attention to victims or the local community because, in legal disputes, the state acts on behalf of the victim and focuses on the relationship between the state and the offender.
Restorative justice fundamentally approaches crime from a different perspective. While traditional views regard crime as an act of defiance against the state and a violation of the law, restorative justice views crime as an act that destroys individuals or human relationships. Until now, criminal justice has primarily focused on the offender, the violated law, and punishment, ignoring the victim and resolving issues through legal battles between the state and the offender, conducted by representatives in a competitive relationship. However, restorative justice focuses on the victim and the restoration of the harm caused. The fundamental approach involves dialogue and agreement achieved through the voluntary participation of the victim, the offender, and community members, including a facilitator who mediates between them. The theory holds that when the offender directly hears the victim’s story and feels remorse, their emotions and attitudes change, and through this change, the victim can also heal and transform. Restorative justice aims for healing through apology, restitution, forgiveness, and reconciliation, and views the community harmed by the crime as both the subject of restoration and the agent of problem-solving.
For example, in New Zealand, restorative justice programs for juvenile offenders have been highly successful. Through these programs, juveniles directly experience the impact of their actions on the community and individuals, which fosters a sense of responsibility and has resulted in a significant reduction in recidivism rates. Additionally, in some U.S. states, there are reports of cases where restorative justice has been applied to domestic violence incidents, helping victims and perpetrators form better relationships and restore stability to the family.
Furthermore, restorative justice goes beyond simply restoring relationships between individuals; it lays the groundwork for victims, offenders, and the community to grow together. For instance, in Norway, restorative justice is used to provide various educational programs within prisons, helping inmates develop the skills needed to adapt to society after their release. This approach contributes to promoting safety and peace throughout society.
Restorative justice cannot completely replace existing perspectives. In South Korea, it is currently applied primarily as a complementary measure to the criminal justice system. Nevertheless, restorative justice is significant in that it offers offenders the opportunity to be forgiven and victims the possibility of healing. This approach goes beyond merely punishing crime; it opens a path for victims, offenders, and the community to grow and heal together. Therefore, the expansion and application of restorative justice could bring significant changes to the future criminal justice system.
This restorative justice approach has the potential to bring about major changes in our society’s criminal justice system. Moving beyond viewing crime as merely a legal issue, this approach—which prioritizes the restoration of social relationships and the community—can contribute to building a more humane and inclusive justice system. If we can demonstrate the effectiveness of restorative justice through further research and case studies, and if legal and social support systems are established to institutionally underpin it, we will be able to address crime and the harm it causes more fundamentally.
Finally, institutional support is necessary for restorative justice to take root effectively. Along with legal revisions, it is important to establish specialized agencies dedicated to restorative justice. Furthermore, it is essential to disseminate the philosophy and methodology of restorative justice throughout society and to gain understanding and support through education. Spreading the values and principles of restorative justice across various sectors—such as schools, workplaces, and local communities—will greatly contribute to crime prevention and social integration in the long term.
In this way, restorative justice can establish itself as a vital tool that complements the existing criminal justice system and promotes safety and peace throughout society. Therefore, we must continue to strive for the expansion and development of restorative justice.
