R Street Policy Study No. 294 September 2023 - Justice for All: How Restorative

Summary

In contrast, restorative justice intentionally brings together the key stakeholders—victims, offenders and their families—to collectively repair the harm caused by a crime.2 In this paper, we explore the value of restorative processes in the juvenile justice system. [...] Retributive Justice Restorative Justice Retributive Justice Crime violates people and relationships Crime violates the state and its laws Justice focuses on needs and obligations Justice focuses on establishing guilt so things can be made right so punishment can be applied The central parties are the victim and The central parties are the state and the person who caused harm the defendant Justice. [...] When the victim is unable to join or declines to attend, the facilitator may read a victim-impact statement or a surrogate may speak on behalf of the victim.51 Surrogates do not necessarily represent the victim, but instead engage the youth in a dialogue about the impact of the offense. [...] If the juvenile agrees to the facts (or at least a portion of them), the facilitator will ask the parties to think about three main questions: (1) What happened? (2) How did this situation affect you? and (3) How can the situation be resolved?53 Victims are given a chance to describe the physical, financial and emotional consequences of the crime, in some cases for the very first time. [...] If the VYC participants are unable to come to an agreement on the plan, or if the youth fails to complete the plan, the case is returned to juvenile court.62 Of 871 case referrals, 78 percent held a Of the 668 cases with a VYC, and of the 677 VYCs that were held, reparation plan, 88.8 percent Nebraska’s 668 produced a reparation plan (99.6 were successfully fulfilled.