Restorative justice - a reality at last

by Garth A. Rattray

Although unintentional, it was as if to validate and highlight the need for restorative justice (RJ) to be incorporated into our judicial system that last Tuesday (Valentine's Day), the Observer published a piece by Tanesha Mundle titled 'Wife attacks matey', pays $25,000'. It was about a case wherein an angry wife slapped her husband's feisty lover and ended up being ordered to pay (the State, not 'matey') $25,000, or serve three months in prison.

In another matter known to me, Frank (not his real name) was attacked and stabbed in the face by an irate acquaintance during a heated argument. The assailant was arrested, charged and eventually sentenced to a year at hard labour. Frank had to pay for his own medical expenses and bears a permanent scar. The assailant earned an early release because of good behaviour and Frank's only satisfaction was in knowing that 'justice' was served (to the State, not the victim).

Mavis (not her real name) had a friend who reneged on paying back a loan and was giving her 'attitude'. Mavis urgently needed the money to pay school fees for her two children. She knew that using the legal system was tedious, lengthy and expensive. Mavis and her offending neighbour lived and worked in a well-known inner-city community, so she went to the don (sought alternative justice). Mavis got her money back the next day.

Justice hijacked

Our legal system is overburdened and laborious. It often hijacks 'justice' and takes on the persona of the offended party. Victims are usually relegated to tools that are used to prosecute transgressors (against the State). This leaves the real victims sidelined, disempowered, muted, losing out badly, and with lingering or interminable 'unresolved hurt'. Consequently, some employ vigilantism, or seek vengeance or the intervention of 'alternative governments' for justice.

On February 3, 2007, Governor General Professor Kenneth Hall proclaimed the first week of February, Restorative Justice Week. This year, it ran from February 5 to 11, and saw the opening of restorative justice centres in four pilot project (violent-prone) communities.

A Jamaica Information Service release states that the RJ concept is "aimed at facilitating dialogue between parties impacted by the offences committed, in order to assist them in resolving the issues arising and, in the process, minimise the possibility of negative implications in the future".

Teaching mutual respect

Carol Palmer was permanent secretary in the Ministry of Justice when RJ was being conceptualised, formulated and developed in Jamaica. She explained to me that: "[RJ] is not a part of conflict resolution, but rather, the other way around. It starts by teaching individuals mutual respect and other means of dealing with things so, when situations arise, you deal with the problem rather than just the individual who caused the situation. It goes on through alternative systems for addressing offences to offender rehabilitation."

An overview/summary of RJ can be found in the Ministry of Justice publication, Understanding Restorative Justice as a Concept of Justice.

"Restorative justice, then:

Is a different way of thinking about crime and our response to crime;

Focuses on the harm caused by crime: repairing the harm done to victims and reducing future harm by preventing crime;

Requires offenders to take responsibility for their actions and for the harm they have caused;

Seeks redress for victims, recompense by offenders, and reintegration of both within the community;

Is achieved through a cooperative effort by communities and the Government."

RJ deserves a fair chance at success because it focuses on victims, offenders and the relevant community. It is not primarily punitive, incorporates the victims, and encourages offenders to be accountable.

Garth A. Rattray is a medical doctor with a family practice. Email feedback to columns@gleanerjm.com and garthrattray@gmail.com.