Howard Zehr

“Of special concern to restorative justice are the needs of crime victims that are not being adequately met by the criminal justice system. Victims often feel ignored, neglected, or even abused by the justice process. This results in part from the legal definition of crime, which does not include victims. Crime is defined as against the state, so the state takes the place of the victims. Yet victims often have a number of specific needs from the justice process. Due to the legal definition of crime and the nature of the criminal justice process, the following four types of needs seem to be especially neglected: 1. Information. Victims need answers to questions they have about the offense—why it happened and what has happened since. They need real information, not speculation or the legally constrained information that comes from a trial or plea agreement. Securing real information usually requires direct or indirect access to offenders who hold this information. 2. Truth-telling. An important element in healing or transcending the experience of crime is an opportunity to tell the story of what happened. Indeed, it is often important for a victim to be able to retell this many times. There are good therapeutic reasons for this. Part of the trauma of crime is the way it upsets our views of ourselves and our world, our life-stories. Transcendence of these experiences means “restorying” our lives by telling the stories in significant settings, often where they can receive public acknowledgment. Often, too, it is important for victims to tell their stories to the ones who caused the harm and to have them understand the impact of their actions. 3. Empowerment. Victims often feel like control has been taken away from them by the offenses they’ve experienced—control over their properties, their bodies, their emotions, their dreams. Involvement in their own cases as they go through the justice process can be an important way to return a sense of empowerment to them. 4. Restitution or vindication. Restitution by offenders is often important to victims, sometimes because of the actual losses, but just as importantly, because of the symbolic recognition restitution implies. When an offender makes an effort to make right the harm, even if only partially, it is a way of saying “I am taking responsibility, and you are not to blame.” Restitution, in fact, is a symptom or sign of a more basic need, the need for vindication. While the concept of vindication is beyond the scope of this booklet, I am convinced that it is a basic need that we all have when we are treated unjustly. Restitution is one of a number of ways of meeting this need to even the score. Apology may also contribute to this need to have one’s harm recognized.”
― Howard Zehr, The Little Book of Restorative Justice

“Restorative justice advocates dream of a day when justice is fully restorative, but whether this is realistic is debatable, at least in the immediate future. More attainable, perhaps, is a time when restorative justice is the norm, while some form of the legal or criminal justice system provides the backup or alternative. Possible, perhaps, is a time when all our approaches to justice will be restoratively oriented. Society must have a system to sort out the “truth” as best it can when people deny responsibility. Some cases are simply too difficult or horrendous to be worked out by those with a direct stake in the offense. We must have a process that gives attention to those societal needs and obligations that go beyond the ones held by the immediate stakeholders. We also must not lose those qualities which the legal system at its best represents: the rule of law, due process, a deep regard for human rights, the orderly development of law.”
― Howard Zehr, The Little Book of Restorative Justice