International Journal on Criminology Volume 1, Number 1, Fall 2013 | Page 24

Restorative Justice
The satisfaction of those having participated in one of the above restorative processes
is very real. Assessed scientifically, the feelings of stakeholders—such as having
obtained justice, and of feeling a physical, psychological, and even psychosomatic
relief—converge. The recognition offered by the restorative process is emphasized by all
as the condition for possible closure (or its consolidation) among other human beings,
since having the chance to give one's own point of view helps repair harm, regardless of
the seriousness of the crime. 29 Magistrates and social and legal professionals consider
measures of restorative justice to be perfectly complementary with the criminal justice
system, a means to humanize the process and save time for all involved. 30 Socialized in
this manner, the desire for "vindictive and destructive vengeance" fades to make way for
sharing, reciprocity, mutual understanding, and vindication, which restores participants to
a proactive state and allows them to regain power over their lives. The fear of crime
derived from experience fades through listening to the offenders, to the sincerity of their
regrets and to their commitments for the future.
As well as savings in legal, health, and social services costs, it should also be noted—
and this is not the least important—that offenders’ increased sense of accountability
results in a much lower rate of recidivism. The process helps offenders realize that they
belong to the community, and that it is willing to take them back after they have paid
their dues. They can thus clearly gauge that it is the act they committed which is
stigmatized as unacceptable, whereas they themselves are still people, and have a rightful
place among other human beings.
To conclude, provisionally, restorative justice unquestionably holds great promise.
There is nothing surprising in that. Whereas traditional criminal justice responds to the
consequences of crime (punishment of offenders in view of their social rehabilitation,
payment of damages to the victim), in favor of the direct protagonists, and more rarely to
the benefit of the families on either the giving or the receiving ends of crime, it fails to
address the repercussions of crime, which are many, deep, and painful. In processes of
restorative justice, everything that affected the daily life of those touched by the crime
(victim, offender, family and friends, community, neighbors) is considered. Responses
are negotiated between all parties to best meet the needs of some, the obligations of
others, and the possibilities of all, 31 under the supervision and with the validation of the
“judicial third party” and the “psychological or social third party”.
Therefore, it is urgent for restorative justice to be incorporated into the French
criminal justice landscape. Apart from criminal mediation (for adults only, and only
during prosecution) and criminal restitution for minors (fortunately more likely to be
ruled at all stages of the procedure), the French restorative arsenal is sorely lacking.
Especially since the existing measures are intended more to “take a bite out” of
dismissals rather than the prosecutions themselves (including with regard to minors, as
90% of measures are ruled by the public prosecutor's department), and therefore resemble
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29 I. Aertsen, “Victim-offender mediation with serious offenses,” in Crime Policy in Europe. Good
Practices and Promising Sample, ed. Conseil de l’Europe, 2005, 75-86.
30 L.W. Sherman, H. Strang (eds.), Restorative Justice: The Evidence (Smith Institute pub., 2007),
smith-institute.org.uk; R. Cario, La justice restaurative, 138 et seq. and ref. cited; J. Shapland, G.
Robinson, A. Sorsby, Restorative Justice in Practice: Evaluating What Works for Victims and
Offenders (Willan Publishing, 2010).
31 On these points, see R. Cario, Victimologie. De l’effraction du lien intersubjectif à la
restauration sociale, L’Harmattan, Coll. Traité de sciences criminelles, Vol. 2-1, Third Edition.
2006, 144 et seq.
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