
By Seth Lennon Weiner, Co-Director, Loyola's Center for Restorative Justice
he U.S. Supreme Court's recent ruling in
Brown v. Plata brings into sharp focus the current dilemma facing California's criminal justice system. With prison overcrowding currently at alarming levels, California must find a careful balance between protecting the Eighth Amendment guarantees to prisoners and the public safety of the state. Considering Philadelphia's less than positive experience with a court-ordered reduction in prison populations during the 1990s, many Californians have expressed their anxiety and doubt over the High Court's ruling. The ruling, however, highlights more fundamental questions about our current criminal system in America:
Where should the focus of criminal law be and around
whom should the justice system be centered?
Loyola's Center for Restorative Justice (CRJ) believes that the answer to these questions requires a transformation of our current criminal justice system. Unlike our current system where the offender is the focus of the criminal proceeding, restorative justice seeks to transfer the focal point to the victim. Currently, California replaces the victim and seeks retribution on behalf of the victim and community at large. A system based on restorative principles would shift the focus of criminal proceedings from sanctions to restitution in order to make the victim whole and the offender directly culpable for the harm caused.
Restorative justice is not only a way of holding offenders accountable but, more importantly, is an idea that seeks to change the behavior of offenders and mitigate the harm caused to victims. By recognizing and addressing the harm caused to the victim as well as the harm that caused the offender to commit the offense, restorative justice takes a comprehensive approach that promotes healing and justice between the victim, the offender, and the community.