The justice system tends to be highly punitive, focusing on punishing the guilty. However, the needs of victims often fall to the wayside, and many feel as though they never fully return to normal after a serious crime. Restorative justice encompasses a set of principles that highlight the needs of victims and their communities in restoring order.
Restorative justice is not exactly a specific set of codified laws. Instead, it is more of an ideology that encourages helping victims and communities heal and move on after experiencing crime. Numerous entities are involved in the process, including law enforcement, the courts, victims, and communities. The goal is often to help those affected by crime heal, thereby leading to healthier, happier communities. How restorative justice is implemented varies from case to case.
Get a private, free case assessment by calling the Law Offices of John J. Zarych at (609) 616-4956 and speaking to our New Jersey criminal defense attorneys.
How Does Restorative Justice Work?
Restorative justice may work differently based on where and how it is implemented. Even so, the primary goal of restorative justice is to emphasize the needs and victims and communities, and to help offenders reintegrate into their communities in a healthy and helpful way.
Restorative justice is more of a principle than a solid law. However, restorative justice principles have influenced the passing of certain laws and statutes in many states. For example, many prisons have implemented restorative justice programs to help inmates learn skills they can take back to their communities upon release.
If you are convicted of a crime, your attorney may be able to help you identify available restorative justice programs to help you. Similarly, victims may participate in certain programs to help them recover after a crime.
Who is Involved in Restorative Justice Efforts in New Jersey?
Restorative justice may appear differently depending on where it is implemented, the purpose it serves, and who is involved. While the authorities are often involved in this process, many programs focus on victims and communities, and their involvement is often key.
The Authorities
Restorative justice often relies on the involvement or cooperation of the authorities. The police often participate in restorative justice. Simply keeping victims looped into investigations may be considered a form of restorative justice. Law enforcement agencies may also implement their own community outreach programs to further restorative justice efforts.
Prosecutors also often get involved with restorative justice. For example, many prosecutors will communicate with victims and their family members before offering a plea deal to a defendant. Courts may also allow victims to give impact statements during sentencing.
Victims of Crimes
Restorative justice tends to focus on victims’ needs, and many programs exist to help them move on after the case is over. For example, restorative justice programs exist across the country to facilitate dialogues between victims and perpetrators. In many cases, this allows victims to gain closure and move on, especially if the crime committed was violent.
Perpetrators of Crime
Many restorative justice ideals revolve around rehabilitating convicted defendants. While healing victims and communities is a major component of restorative justice, it also emphasizes rehabilitation and helping convicted defendants reintegrate into society. If you are convicted, there may be restorative justice programs you can participate in while you serve your sentence or after.
The Community
Even if victims and perpetrators choose not to participate in restorative justice programs, there may still be opportunities for communities to get involved. Some crimes are so severe, such as homicide offenses, that entire communities are shaken. Certain programs or restorative justice organizations may help community members come together to express their concerns and gain closure.
Common Methods of Restorative Justice
Restorative justice is sometimes codified into state statutes. Other times, it is spearheaded by community members or private organizations. Either way, it may crop up in various ways, and our Atlantic City criminal defense attorneys can help you explore restorative justice programs available in your area of New Jersey.
Dialogues Between Victims and Offenders
There may be an opportunity for victims and the people who victimize them to sit down and have a real conversation about what happened and how they were affected. These dialogues might be facilitated by prison facilities, community groups, or even attorneys representing both parties. In many cases, both victims and perpetrators report gaining insight and closure after these dialogues.
Classes and Courses for Inmates
Many prisons offer classes and courses for inmates to gain skills and even education credits they can use when they are released. This often helps inmates build marketable skills they can use to find employment and more effectively reintegrate into their communities.
Community Panels and Organizations
Some restorative justice programs are community-based rather than operated by governmental entities. Many such organizations rely on volunteers and community donations to keep running. They may focus on improving communities affected by crime or helping victims find closure.
Where is Restorative Justice Implemented in New Jersey?
Restorative justice is not an automatic part of the typical criminal justice process, and you may need to ask your attorney about possible restorative justice opportunities in your area.
Mental Health Programs
New Jersey has various mental health programs for people in the criminal justice system. The Mental Health Diversion Program is grounded in restorative justice principles as a matter of law. The program is open to defendants who are believed to have committed crimes as a result of mental health conditions rather than criminal intentions, and focuses on getting them help more than punishment.
Schools and Juvenile Justice
Many schools have also adopted restorative justice programs for students who have been removed from school for criminal behavior. Often, these programs help students reintegrate into their schools after a period of absence due to juvenile adjudication. Rather than punish the student, the school aims to help the student readjust to school life and, hopefully, avoid reoffending. These programs may be offered at a school or district level and may or may not be connected to larger public programs.
Community Level
Many other restorative justice programs are offered at the community level and are organized by community volunteers. The offerings of these programs may vary, but they are often aimed at helping communities recover after experiencing crime and loss. Many other programs focus on rehabilitating offenders after they complete their sentences so that they can rejoin the community as positive, productive members.
Restorative Justice Programs for Juveniles in New Jersey
Many restorative justice laws and programs focus on juvenile offenders. Because these offenders are so young, restorative justice may be crucial in giving them a fresh start and reducing the likelihood that they will continue to offend into adulthood.
School Programs
Many schools offer restorative justice programs for students who have been charged with or adjudicated for criminal offenses. These students may participate in programs designed to help them unpack the reasons why they committed the offense in the first place and adjust to life in regular school once released.
Juvenile Justice Commission
The Juvenile Justice Commission also takes efforts to implement restorative justice within the juvenile justice system. For example, in 2024, the Essex County Restorative and Transformative Justice Hub opened in New Jersey. This is one of four planned hubs that cater to the needs of juvenile offenders. These hubs are community-driven with funding provided by the state, and they focus on diverting young people away from the criminal justice system and helping them reenter their communities and schools.
How Widespread is Restorative Justice in New Jersey?
Although restorative justice programs and laws are not exactly widespread throughout the justice system, there may be more programs and offerings than you think.
The justice system itself has recognized the importance and effectiveness of restorative justice principles in rehabilitating offenders and preventing recidivism. As such, numerous diversion programs are available to defendants who meet eligibility criteria.
Restorative justice has even made its way into prisons. Facilities often offer classes to help inmates build skills or earn education credits they can use upon release. They may also take advantage of counseling programs to help them deal with substance abuse issues.
Is Restorative Justice Mandatory in New Jersey?
Restorative justice programs are usually voluntary. Defendants and victims do not have to participate if they do not want to. However, in some cases, participating may be in a defendant’s best interests, and they should seriously consider something like a division program if one is available.
Victims of crimes almost never have to participate in a restorative justice program if they do not wish to. People may handle the aftermath of victimization differently, and some might prefer to deal with it privately rather than engage in restorative justice.
How Effective is Restorative Justice?
The effectiveness of restorative justice may vary depending on the nature of the program and its implementation. Generally, the justice system and lawmakers have recognized that restorative justice principles successfully reduce recidivism and help offenders rejoin the communities they hurt.
Many communities have also praised the ideals of restorative justice. The standard procedures of the criminal justice system often do not emphasize the needs of the victim, and many victims feel they are not heard and their needs are not prioritized. Many victims feel that simply being heard is a major help and allows them to and closure.
FAQs About Restorative Justice in New Jersey
How Does Restorative Justice Work?
Restorative justice principles emphasize the rehabilitation of convicted defendants and the healing of victims and communities. While punishment is a part of the process, it is not the sole focus. Exactly how this works will depend on the nature of each specific restorative justice program.
Are Restorative Justice Programs Available in New Jersey?
Yes. New Jersey offers a Mental Health Diversion Program specifically for defendants who have psychological conditions or disorders that led to their criminal actions. This program, and others, help defendants recover so they hopefully avoid reoffending and can reintegrate into their communities.
Do I Have to Participate in Restorative Justice?
No. Restorative justice programs are typically voluntary, and you do not have to participate if you do not want to. Keep in mind that many programs have limited space or strict eligibility criteria, and you might not be able to participate even if you want to.
When Does Restorative Justice Happen?
Restorative justice is not a specific step in the criminal justice process. Rather, it may be baked into certain programs offered within the system. It might instead be offered by community members or volunteers outside the system. It may occur while a criminal case is pending, while a convicted defendant serves their sentence, or after a defendant is released.
Is Restorative Justice an Automatic Part of the Criminal Justice Process?
Not necessarily. Restorative justice programs are usually voluntary, and you must opt in before getting started. While some programs or offerings are encouraged, they are not automatic.
Is Restorative Justice Helpful?
Generally, yes. People who participate in restorative justice programs often report that the program was helpful. Defendants may gain skills needed to reintegrate into society, and victims and communities can find closure to help them move on from what happened.
Who is in Charge of Restorative Justice Programs in New Jersey?
The person or people in charge of a restorative justice program will vary based on where and how the program is offered. While many programs are run by community members, others are run by official governmental entities, like prison facilities or juvenile group homes. If you are interested in a program, your attorney can help you determine whom to contact about admission.
Speak to Our New Jersey Criminal Defense Attorneys for Help Now
Get a private, free case assessment by calling the Law Offices of John J. Zarych at (609) 616-4956 and speaking to our Wildwood, NJ criminal defense attorneys.
