Restorative Justice Practice

Redefining Justice: Healing Harm, Rebuilding Relationships 

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Published September 18, 2024

Argument Written by Caroline Clark

In an era marked by traditional punitive measures within justice systems worldwide, a concept called restorative justice has emerged. Rooted in the principles of healing and reconciliation, restorative justice practices offer an alternative framework to the punitive measures traditionally employed for addressing harm and conflict in the American criminal justice system. By prioritizing dialogue, understanding, and accountability, this approach offers a different definition of “justice” as opposed to the traditional criminal justice responses of retribution and incapacitation. As opposed to a specific model, restorative justice is a set of principles adaptable to a diverse range of situations involving crime and conflict. Aiming to create meaningful solutions, it hopes to address disputes by involving the person who caused the harm, those affected by the harm, and the community. 

Chicago public schools recently started developing restorative justice practices with the hopes of reducing high rates of suspension and expulsion for students (Strauss 2023). With suspensions nearly doubling from 2004 to 2013, Chicago schools faced an acute need for alternative disciplinary approaches. Following the adoption of restorative justice practices in schools, there was a significant decrease in suspensions from 58,000 to 13,000 by 2017 (Strauss 2023). These practices involved encouraging self-reflection and empathetic listening to restore and transform relationships between victims and offenders. The goal is to hold students accountable for misbehavior without disrupting learning and address the root causes of the behavior. Additionally, the evaluation conducted by the University of Chicago’s Education Lab revealed significant declines in on-campus arrests by 35% and off-campus arrests by 15%, all while reducing punitive measures. By prioritizing community-building, accountability, and the restoration of relationships, restorative justice approaches have demonstrated their ability to address harm and promote healing in diverse settings. 

Recent developments in educational settings and the adoption of restorative practices for smaller, petty crimes are being increasingly implemented. The Marshall Project’s recent investigation into a 2016 North Carolina murder highlights the potential expansion of restorative justice approaches into more serious crimes. The case of Donald Fields Jr., who fatally stabbed his father during a heated argument, initially followed conventional criminal proceedings. However, Fields’s family embraced a restorative justice approach, catalyzing a transformative process of reconciliation and accountability. The Fields family recognized the limitations of traditional proceedings to address the complex dynamics of crime as well as their desire for a more compassionate and transformative response (Lartey 2023). Despite murder cases rarely involving more holistic measures, the Fields case exemplifies a pioneering instance of compassion within America’s punitive justice system. Although the familial relationship between both parties may serve as a complicating factor, inherently fostering a unique dynamic, the case underscores the potential of restorative justice to navigate intricate interpersonal dynamics and foster significant dialogue and healing. This case offers a notable illustration of the capacity of restorative justice to facilitate reconciliation in even the most serious cases. 

Looking forward, the future of restorative justice appears promising. This approach aims to respond to the lack of nuance in the criminal justice system with efforts toward a more humanizing view that meets the needs of the victims. Despite concerns regarding lengthy pretrial detention and perceptions of leniency, restorative justice practices present a compelling opportunity for accountability prompting a reexamination of conventional approaches to punishment and victimhood.  

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Strauss, V. (2023, September 11). "A program to cut school suspensions in Chicago worked very, very well. Here’s how". Washington Post. https://www.washingtonpost.com/education/2023/09/08/how-restorative-justice-program-worked-chicago/ 

Lartey, J. (2023, September 16). "Why a homicide victim’s family chose restorative justice over a life sentence”. The Marshall Project. https://www.themarshallproject.org/2023/09/16/north-carolina-murder-restorative-justice-donald-fields 

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