회복적 사법 실천모델의 효과에 관한 연구

A Study on Effect of Restorative Justice Practical Model

Restorative justice is a process whereby all parties who have a stake in a criminal offence. Rather than establishing guilt and exacting punishment under a set of impersonal rules, it seeks to repair the damage caused by the offence and restore the relationships between the parties concerned by actively involving all parties in a process of negotiation and reconciliation. Restorative justice jurisprudence, it is argued, requires upper limits on sanctions but not lower limits, and rejects the notion of proportionality. It involves an active rather than a passive conception of responsibility. Restorative justice movement has been very influential in Australia, New Zealand, and Canada particularly in the area of juvenile justice, and it is gradually being extended to more cases involving adults. The movement became more prominent throughout the 1990’s, strongly influenced by the indigenous practices of the First Nation communities in Canada and the Maori tribes in New Zealand. Restorative justice responses to crime promote inclusive dialogue, acceptance of responsibility, repair of harm, and the rebuilding of relation among victims, offenders, and communities. Restorative practices have evolved from Victim-Offender Mediations to Family Group Conferences, Circle processes, and various types of citizen panels. They all a common element: transfer of some decision-making authority from government to victims and offenders, their family, friends, and other supporters, and community members. Community participations is essential element of restorative justice. Research shows that restorative justice practices are, by a number of important criteria, successful. It is too early to promise that restorative justice initiatives reduce crime, prevent offending, or build better communities. But Restorative justice processes carry a great potential to turn negative incidents of crime into positive opportunities of creating new relationships, building communities, and strengthening grass roots democracy.