Restorative Justice Week 2009

Whose Needs are we Responding to When we are Called to Assist?
Karen Bates

As a Police Officer for over eleven years, I felt it was my duty to get 'justice' for the victims of crime. From minor offences, to the most serious of crimes, the police 'fight for the victim'. This process involves taking statements from the victim and the offender and dealings with police and criminal justice professionals. The victim is only involved for the purpose of giving police information needed to 'deal' with the offender. The role of the victim often ends there. From which point, I have, but upon reflection, wrongly thought that the battle was now mine to fight and win.

The justice system makes it easy to sanitize the situation and deal with facts, numbers and evidence. Feelings and emotions have little place in the system of due process. It is easy to forget the victim and their needs.

The offender is represented by a solicitor, interviewed by police, and dealt with by a judge in court. Often, the offender has little in common with the professionals dealing with him/her. Having sat for many hours in courts, I can say that many offenders 'switch off' from the proceedings. The language used, the pomp and ceremony, and the impersonal sense of a production line makes it easy for the offender to disengage.

If anyone cared to ask, they would find that victims are rarely satisfied by their treatment or how the offender was dealt with. Many are disappointed with the sentence and victims feel that they did not get the answers or explanations they needed for closure. The criminal justice system does not facilitate communication. Apologies are rare. I have been in court with victims left with unanswered questions: "Why me?'; "What did I do?"; "Why my house?". There is no healing taking place.

There is also no learning and understanding. The offenders do not learn from their court experience or punishment. Recidivism rates are high; yet we continue with a system that fails to meet anyone's needs. The victim's needs are certainly not met; the community needs are not considered; and the offender is not treated as a member of society.

One of the hardest things for an offender to do is face up to their crimes and their victims. When a crime has occurred harm has been done. The most important person and the focus of the healing process should be the victim. Crime has disempowered them. I have, on so many occasions, taken over and done what I thought was best for the victim. To start to right the wrongs, the victim needs to be empowered. They need to effectively steer the process; after all it is 'their' crime.

I started this article by saying it was "my duty to get justice for the victim". A better response is to "assist the victim to get justice".

As a mother of two, if my child does wrong, I discuss what they have done and the effect it had on others. They are then genuinely sorry and sometimes surprised at the effect of their actions. It always impacts them that they have disappointed me. I love and care for them and they care about what I think about them. In court, offenders do not care about what the professionals think of them and vice versa. The offender can very easily avoid acknowledging any responsibility.

Restorative Justice is different. It is not a 'soft' option. On the contrary, it is challenging and painful for everyone involved: the victim; the offender; and the community. It can also be purposeful and worthwhile. At the very least, it recognises the status of the victim and focuses on their needs. It gives them the opportunity that the current punitive model neglects. The opportunities to not only speak of the crime but also to speak to the personal, emotional and financial effects it had on them. This, in itself, can be healing.

Crime can be isolating and Restorative Justice can address this. The community can and needs to be involved. The victim and the offender were part of the community before the crime and will continue to be after the crime. The community has needs too. Some crimes terrify communities and these fears are not addressed by the criminal justice process. To involve the community unites and empowers them.

Crime is everyone's problem. Primarily, it is a conflict between the victim and the offender; however the families and communities of these two stakeholders have a role to play. The offender is a member of the community so society has an interest in their recovery.

Restorative Justice is victim focussed and this should be the driving force of any criminal justice system. Their needs are paramount and it is important to remember that crime affects many more people and they also have to be addressed.

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