Correctional Service Canada
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Restorative Justice Week 2009

Restorative Justice Week 2008 - Fostering a Restorative Worldview

Why Should the Community Respond?
Manon Buck

What motivates the community to respond to the human needs of offenders?

Some may believe that when a crime is committed, the most appropriate response is to punish the offender. The hope is that punishments will deter offenders, and others, from committing further crimes. Alas, numerous studies have shown that this is not the case; punishment alone does not ultimately deter individuals from committing crimes. Some argue that extreme punishment would work but then where would we draw the line? The consequences of criminal behaviour must be meaningful in that they help the offender realise/understand the harms caused by their actions. Only through true remorse, accountability, opportunity, and support will an offender be genuinely inspired to rehabilitate himself.

In the end, what most people desire is to live without the fear of being harmed by criminal acts. The Criminal Justice System alone cannot accomplish this. Given the likelihood of an offender returning to their community after the crime, it is in that community's best interest to invest in the offender's rehabilitation and reintegration. Offenders need to feel a positive connection to their community in order to be motivated and committed to being a productive and contributing member. In supporting offenders and responding to their needs, communities vastly increase their chances of achieving the desired outcome.

Consider the following: in prison, offenders commonly attach themselves to micro-communities. They do this to satisfy certain needs that can only be realized in communities: safety, resources, services, morality, camaraderie, etc. This is also indicative of their need to belong to a group. If those same needs were met by "positive" communities, would they choose to adhere to "negative" ones?

What motivates the community to respond to the human needs of victims?

Some may believe that when a crime is committed against you, seeing your offender caught and punished satisfies all your needs. And for some, it does, but what if. What if the outcome of the case isn't what you wanted it to be? Going through the court process itself is very difficult. Some trials last for years; a long time to wait for closure. On the other hand, some cases never go to trial and victims are left in the dark regarding the results. Oftentimes, victims of crime have suffered emotional, psychological, financial, and physical impacts that were not addressed by the Criminal Justice System. They're left with unanswered questions. Only through acknowledgment, expression, empowerment, and support can a victim truly start to heal.

So, whose responsibility is it to fulfil those needs? It's generally expected that Government services will deal with victims' needs but this isn't always the case. This is particularly true for those "others" who were affected by the crime, but were not officially considered victims; friends and family members of the victims, friends and family members of the offenders, witnesses to the crime, and other affected community members are usually left out of the proceedings all together.

When their needs aren't met, victims and community members become frustrated and angry which can lead them to either act out or withdraw completely. Communities may be torn depending on people's opinions and reactions to what happened and who they perceive to be responsible. This can in turn lead to further victimisation and escalation of violence, thereby contributing to the breakdown of the community. Consequently, it is in the community's best interest to invest in the support and reintegration of victims.

Moreover, bearing in mind that conditions such as poverty, discrimination, suitability of education, accessibility and availability of social services, etc. may have, in all probability, contributed to the crime committed, it makes sense for the community to get involved, not only to address the needs of all affected members, but also to evaluate itself. As Howard Zehr indicates in The Little Book of Restorative Justice, "the community bears a responsibility for the welfare of its members and the social conditions and relationships which promote both crime and community peace". Meeting the human needs of both offenders and victims in the aftermath of crime helps build and strengthen communities. By including ALL stakeholders in the justice process, restorative justice aims to do just that.

Finally, in order for a sustainable, long-term change to take place, the community must be empowered to make the necessary adjustments. We as individuals, and as government, must in turn support the community in achieving these goals. There are indeed a number of programs and initiatives already in place where government and/or communities are working toward meeting the above-mentioned needs, and, for the above-mentioned reasons, it is important that we continue to build on these programs and initiatives. The other pieces in this kit serve as good examples of this.

Restorative Justice Week 2009 - Fostering a Restorative Worldview

Please register for the National Symposium on Restorative Justice
to be held in St. John's, Newfoundland and Labrador, November 18th - 20th, 2009
Contact Noreen Byrne at (709) 631-0069, cms@nfld.net