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4 Corner posts of restorative justice compensation, victim services, the steps of the criminal prosecution
a. Inclusion of all parties; and the victim's rights during the proceedings.
b. Encountering the other side;
c. Making amends for the harm; PRESENCE IN COURT
d. Reintegration of the parties to their communities Many victims and survivors want to observe their criminal justice
proceedings. However, this is not always permitted because of
Restorative justice processes are more inclusive than the traditional concerns that it any testimony they may offer will have been
criminal justice processes. They actively invite all affected parties-- influenced by what other witnesses have said. Some jurisdictions
victims, offenders, and community members--to participate in allow the victims to observe the trial after they have testified. Others
resolving the crime. allow the victim to attend all of the proceedings unless it can be
shown that this will jeopardize the defendant's right to a fair trial.
Inclusion seeks the full participation of all parties, and it is
accomplished by (1) inviting all interested parties to participate, (2) VICTIM IMPACT STATEMENTS
expecting the parties to pursue their own interests, and (3) being Many jurisdictions allow victims to make a statement during the
flexible enough to accept new approaches relevant to the particular sentencing phase. They are able to offer testimony about the
situation. physical, mental, emotional, social, and/or economic harm caused by
the crime. In some places they are allowed to comment on what
These characteristics are especially important for victims because sentence the offender should receive.
they do not have officially-recognized legal interests in most criminal
justice systems. Criminal justice has to do with the State's LEGAL STANDING
prosecution of the accused offender. This legal process conflicts with Generally, the victim does not have a legal standing in the justice
the experienced reality of the victim who was harmed by the proceedings. If the restorative value of amends were taken seriously,
offender's criminal acts. the victim could be given the legal right to pursue restitution during
the criminal proceedings.
Methods of Inclusion: Although the criminal justice system cannot be
as inclusive as restorative justice processes, there are at least four There are many areas where the victim can be included in the justice
ways that the victim could become more involved in the process. process. The basic forms of this inclusion are consultation with the
These are: prosecutor and initiation of action independent of the prosecutor.
Although the majority of victims are interested primarily in the
INFORMATION sentencing of the offender, some have interests in other stages of the
The least inclusive of these reforms is nonetheless very important to criminal justice process.
many victims. It involves keeping victims informed about the services
and rights they may expect, and the status of their particular case in Investigation
the criminal justice process. They should be told about victim Arraignment through Pre-sentencing
Plea Bargaining
2 RESTORATIVE JUSTICE Lesson 1
Sentencing restorative response when a party is not identified or is
Post-sentencing. unwilling/unable to meet the other).
The French system of partie civile is an example of victim inclusion in
the justice process. The victim is permitted to bring a civil claim as a A restorative encounter has five interwoven elements: meeting,
part of the criminal case. This combination of penal and civil actions narrative, emotion, understanding, and agreement. Each of these
allows for consistency and efficiency. The civil claims are considered elements contributes to the strength of the encounter. One that
after the criminal charges have been proven. The victim does not features all five elements will be most powerful in helping parties
have to prove guilt, only a linkage between the crime and the harm move toward healing.
for which the victim seeks reparations.
MEETING
__________________________________ In mediation, conferencing, and circles, the victims meet with their
own offenders; with victim-offender impact panels, the meetings are
This article was abstracted from Van Ness, Daniel and Karen between representative victims and offenders. If the meeting is done
Heetderks Strong. 2003. "Chapter 7: Inclusion." In, Restoring Justice. through exchange of letters, tapes or videos, or if it is done through
2nd. Cincinnati: Anderson Publishing. Used by permission from indirect communication, the "meeting" will not involve face-to-face
Anderson Publishing Company. All rights reserved. No part of this confrontation. Nevertheless, what takes place during any form of the
book may be reproduced in any form or by any electronic or meeting directly engages the other party, in contrast with court
mechanical means including information storage and retrieval proceedings where at most each party will only observe the other's
systems without permission in writing from the publisher. statements to judge or jury.
Restorative justice places a high value on having the victim and NARRATIVE
offender encounter one another. This encounter might be done At the meeting, the parties talk to one another; they tell their stories.
directly in a meeting between the two (and perhaps others as well) In their narrative they describe what happened to them, how that
with a facilitator assisting them. It can be done indirectly through has affected them, and how they view the crime and its
exchange of letters, videos and by messages delivered by a third consequences. This is a subjective rather than objective account and,
party. consequently, it has integrity both to the speaker and to the listener.