An Argument for Restorative Justice: Transforming Criminal Justice in the United States
| 7 Min Read
The American criminal justice system is at a crisis point in the 21st century. Since the 1960s, the national incarceration rate has more than tripled. The U.S. imprisons more people per capita (over 700 per 100,000) than any other country in the world, especially compared to Scandinavian countries. Norway, for example, has one of the lowest, at 66 per 100,000. In a study of prisoners arrested in 2008, 66% of released state prisoners were rearrested within three years, and 82% were arrested at least once during a ten-year follow-up in the United States.
This trendline has roots in American history, particularly as it relates to rehabilitation options. The “War on Drugs” was introduced and popularized in June 1971 by President Richard Nixon. During that time, the use of drugs was not only overly stigmatized but also criminalized and rendered a serious offense. From this point forward, rehabilitation practices in penal systems were largely abandoned.
In the 1989 Supreme Court Case Mistretta v. United States, the Court upheld federal “sentencing guidelines” which removed rehabilitation from serious consideration when sentencing offenders. As a result, defunding rehabilitation in our justice systems directly correlates with the increase in the incarceration rate.
Mental illness is a significant factor in the modern criminal justice system as well. 37% of incarcerated individuals and 44% of those in jail have been diagnosed with a mental health illness. Yet, 66% of prisoners reported not receiving any form of mental health care during the full length of their incarceration.
The dramatic trends toward incarceration without rehabilitation have been demonstrably detrimental to American society. So, what is there to be done for individuals in a system that is designed to hold rather than heal? One potential — and proven — answer is restorative justice. Learn how a reframing toward this transformative form of justice can result in community healing and reduce recidivism, and how earning a Master of Arts in Criminal Justice Leadership from Concordia University, St. Paul can prepare you to be a part of the therapeutic justice path forward.
What Is Restorative Justice?
Restorative justice, also known as healing-centered justice, focuses on rehabilitation through victim-offender mediation and on preventing future harm rather than punishment alone. This approach brings together three key stakeholders: victims, offenders, and communities in facilitated dialogue processes. It involves a focus on trauma-informed care, taking accountability for past behavior and making a commitment to different actions and choices in the future, contrasting with traditional retributive justice systems that focus primarily on punishment.
The goal is victim restoration and offender accountability. The framework is built on four core values:
- Encounter: Meeting, narrative, emotion, understanding, agreement
- Amends: Apology, changed behavior, restitution, generosity
- Reintegration: Respect, material assistance, moral direction
- Inclusion: Invitation, acknowledgement of interests, acceptance of alternative approaches
For evidence of restorative justice’s success, one needs only look to countries where it has been beneficial. For example, when prisoners are released in Norway, they do not return to prison. Norway has one of the lowest recidivism rates in the world at 20%. The U.S. has one of the highest; 76.6% of prisoners are rearrested within five years. Among Norway’s prison population that was unemployed before their arrests, employment rates increased by 40% upon release. The country attributes this to its mission of rehabilitation and reintegration into society through its restorative approach.
Additionally, prisoners who participate in education programs have a 43% lower chance of being reincarcerated than those who do not. For every dollar spent on prison education, the government saves four to five dollars in reincarceration costs. Education can do wonders, and if incarcerated people left the system with degrees and hard skills, it would be far easier for them to secure and maintain steady jobs.
What Is a Therapeutic Justice Foundation?
A therapeutic justice foundation is a nonprofit organization that supports therapeutic justice, integrating mental health treatment with justice processes through specialized therapeutic courts and evidence-based practices rooted in trauma-informed care. These foundations assist offenders in need of therapeutic care, rather than incarceration or punishment, for crimes related to mental health or poverty.
Therapeutic justice is especially beneficial for those convicted of drug-related crimes or struggling with substance abuse. After their cases are heard in drug courts, 84% of drug court graduates have not been rearrested and charged with a serious crime in the first year after graduation, and 72.5% have no arrests at the two-year mark. Treatment and investment costs averaged $1,392 lower per drug court participant, with public savings of $6,744 on average per participant. Additionally, drug courts provided $2.21 in benefits to the criminal justice system for every $1 invested.
Restorative Justice vs. Traditional Justice
The difference between restorative justice vs. traditional justice lies in their models and objectives, and how they affect criminal justice reform. The primary focus of conventional retributive justice is to make the punishment fit the crime within a state vs. offender adversarial model. Crime is defined as a violation against the state, and success is measured by conviction rates and sentence severity. There is limited victim involvement in this process, as the emphasis for retributive justice is on deterrence through punishment.
Restorative justice, on the other hand, focuses on repairing harm to victims and providing rehabilitation for offenders through a restitution-based approach. Crime is defined as harm to people and communities rather than against the state, and success is measured by accountability, reduced recidivism, community safety and victim satisfaction. Victims, offenders and the community play central roles in the process, which often results in rehabilitation or alternative sentencing. Restorative justice emphasizes prevention through addressing root causes, rather than making the offender pay for what they’ve done.
Measuring Restorative Justice Success: Key Performance Indicators
To measure the success of restorative justice, criminologists use several key performance indicators. These are:
- Victim satisfaction: In a study of victim satisfaction after restorative justice practices in Canada, 79% of mediated victims were satisfied, compared to 57% in the traditional court sample. 83% of mediated victims felt their case was handled fairly, vs. 62% in traditional courts.
- Agreement completion: The same study found that restitution agreements were successfully negotiated in 93% of cases at Canadian restorative justice program sites. 85% of young offenders in family group conferences agreed to serve active penalties, such as community service.
- Cost-effectiveness: Based on a study by Shapland et al. (2008), it was concluded that there is an 8 to 1 cost benefit ratio. In other words, for every £1 spent on restorative justice conferencing, the criminal justice system will save £8 through reduced reconviction costs. Additionally, community-based restorative justice programs in California showed that the reductions in reincarceration yielded a net saving of $21 million in incarceration costs over the study period.
Reduction in Recidivism
Those who have spent their careers in criminal justice have also seen a reduction in recidivism after offenders and victims take part in restorative justice programs. For example, the Bridges to Life (BTL) program in Texas reported a three-year reincarceration rate of 12.4%, lower than the state’s 31.4% and the national average.
When Norway’s prison system was structured similarly to the United States’ (built on the idea that punishment is a deterrent, with prisoners given lengthy sentences in harsh conditions to send a message to others), roughly 70% of all released prisoners reoffended within two years of release. Norway’s government acted boldly, completely overhauling the country’s prison system. Today, only 20% of the formerly incarcerated population commit another crime within two years of release, with a 25% recidivism rate after five years.
Make a Restorative Impact With a Degree in Criminal Justice
The practice of restorative justice could have an enormously positive effect on the U.S. justice system. From innovative American rehabilitation systems to the implementation of restorative practices in schools, the possibilities for curtailing crime and redefining individual accountability could extend beyond judicial borders and across generations.
With a Master of Arts in Criminal Justice Leadership from Concordia University, St. Paul, you’ll master topics focused on restorative justice, legal and legislative issues, correctional design, criminal justice ethics, and more. CSP Global’s affordable and flexible graduate degree program equips graduates to solve problems and make a significant difference in the criminal justice system.
Learn more about the Master of Arts in Criminal Justice Leadership from Concordia University, St. Paul.