To paraphrase Daniel van Ness (1983: 3), crime [on the one hand] unleashes a legal contest between the defendant and the state as prosecutor; on the other hand, it also is a personal encounter between the victim-person and the accused person. Citing Silberman, Robert Elias (1986) points out that crime hurts individuals and groups of people but also threatens “social order”. As crime violates people and relationships, Howard Zehr (1990: 181) says it “creates obligations to make things right.”
In this paper the principle question is whether restorative justice makes things right for victims of crime. In other words, does restorative justice deliver a better justice for victims of crime? It begins with one of the unresolved challenges – the assortment of different ways restorative justice is defined or described. After Australia’s research findings are summarised. Next this paper suggests ways to ensure victims’ access to restorative justice and to improve restorative justice in practice.
Michael O'Connell AM APM 
By your experience or any case’s that you know is RJ really solving and make the victim feel ease with the RJ as the solving way and the villain regretting the crime and felt deterred by the actions he/she did
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Dear Ina, thank you for your question. It would not be appropriate for me to draw on my personal experiences. There should be no unnecessary intrusion on victims’ privacy. Such said, when I was employed as the Commissioner for Victims’ Rights and in earlier employment, the victims I assisted had mixed views on ‘family conferencing for young offenders’. Their views were influenced by different factors. The complaints I received focused on the timing and the failure of the offender to complete his or her undertakings, or to commit further crimes. The UN Office of Drugs and Crime has published a second edition of a handbook on restorative justice that has some interesting and relevant examples. Please see https://www.unodc.org/documents/justice-and-prison-reform/20-01146_Handbook_on_Restorative_Justice_Programmes.pdf I also direct you to Prof Kathy Daly’s professional page that has e-copies of her research reports, chapters and articles on restorative justice. Please see https://www.griffith.edu.au/criminology-institute/our-researchers/professor-kathleen-daly Yours faithfully, Michael
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Thank you for replying also thanks for the information you give me it’s also helping me to study it more
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Interesting….and yes, I believe Restorative Justice, in its various forms, can play a significant role in alleviating life-long anxiety and stress of victims, reducing recidivism and changing the mindsets of authorities and policy makers. This is of course a very general statement, as every case is uniquely different – in terms of the crime, the victims, the offenders and contributing criminogenic factors. Restorative Justice, in one form or another, is not always going to be appropriate, or successful. However, it is a tool which deserves more consideration.
Some years ago, I do remember learning of an offender (in Victoria, I think?) who robbed a bank, shot and killed someone. Of course, imprisonment was an appropriate part of the punishment. However, through restorative conferencing, the offender and the primary victim’s father, later took the animosity, hatred and the psychological burden suffered by victims, and turned it around – together they went on to travel the state, giving talks at schools about crime and punishment. I believe I remember the father describing his suffering as having become a useful thing, which empowered him somewhat with purpose and understanding. perhaps a unique example…but just showing how one form of RJ, in an appropriate circumstance, did lead to healing and provide further positive contributions to our community.
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Dear Brett,
Thank you for your insightful comments. It is important that those affected by crime and other sources of victimisation are equal participants in justice processes, and as you say, RJ processes are not suitable for some victims. They should have the right to choose, and their other rights respected and fulfilled as a prime consideration and act.
Regards, Michael
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