Restorative Justice as a Trauma-Informed Approach

When a crime occurs, it sets in motion potential tragic consequences that are often unseen by the American justice system. However, this "benign neglect" may lead to traumatic consequences for the victims and the community.

Trauma is a deeply distressing or disturbing event that has long-lasting effects on an individual's mental, emotional, and physical well-being. A single event, such as a car accident or a natural disaster, or prolonged exposure to traumatic circumstances, such as abuse, crime, or combat can cause it. Trauma can manifest in various ways, including anxiety, depression, post-traumatic stress disorder (PTSD), and, most notably, crime.

The prevalence rate of individuals who have experienced trauma and go on to commit crimes varies depending on the population and type of trauma being considered. However, research has shown that there is a strong link between trauma and criminal behavior.¹

A study by the National Center for Posttraumatic Stress Disorder (NCPTSD) found that individuals who have experienced childhood trauma, such as physical or sexual abuse, are at a higher risk of involvement in the criminal justice system. The study found that up to 80 percent of men and women in state and federal prisons have a history of trauma, compared to 60 percent of the general population.

Research also suggests that individuals who have experienced trauma, particularly in childhood, are more likely to engage in risky behaviors, including criminal behavior, as a way of coping with the trauma.² Additionally, trauma can lead to the development of mental health conditions such as PTSD, which can contribute to criminal behavior.

It's important to note that not every individual who has been traumatized will go on to commit crimes, and not every criminal has a history of trauma. A resilient community responds to the victims' needs to reduce the crime's impact. Understanding the link between trauma and criminal behavior can inform the development of more effective and compassionate interventions for individuals who have been traumatized and involved in the criminal justice system.

Trauma Informed Care

Trauma-informed care is an approach to providing services that recognize the impact of trauma on individuals and incorporates strategies to address those effects in care delivery. This includes understanding the prevalence of trauma, recognizing signs and symptoms, responding with empathy and support, and taking steps to avoid retraumatization. It is used in various settings, including healthcare, social services, education, and the criminal justice system.

The Current System

The current criminal justice system can be retraumatizing to individuals who have experienced trauma in a number of ways. Some examples include:

1. Re-victimization: The process of reporting a crime, going through a trial, and facing the offender can be re-traumatizing for the victim, especially if they are not provided with appropriate support and resources.
2. Lack of sensitivity: Many criminal justice professionals may not be trained to recognize the signs and symptoms of trauma and may not understand the impact their words or actions can have on a trauma survivor.
3. Retraumatization during incarceration: Prisons and jails can be high-stress environments that can trigger memories and feelings of past traumatic experiences for individuals who have been incarcerated.
4. Inadequate mental health care: Individuals with trauma-related mental health conditions may not receive appropriate care while in the criminal justice system, leading to an increased likelihood of reoffending and perpetuation of their trauma.
5. Stigma: Trauma survivors may be stigmatized by criminal justice professionals, which can further compound the feelings of shame, guilt, and isolation they may already be experiencing.

It's important to note that many criminal justice professionals and organizations are working to address these issues and implement trauma-informed practices to minimize the retraumatization of individuals in the criminal justice system.

Restorative Justice

Restorative justice is a philosophy and a set of practices that aims to repair the harm caused by criminal behavior and address the needs of both the victim and the offender. Instead of focusing solely on punishment, restorative justice emphasizes the importance of repairing harm, restoring relationships, and rebuilding communities. This can involve bringing the offender and victim together in a facilitated meeting, called a restorative conference, where they can discuss the impact of the crime and work towards a resolution that addresses the needs of all parties involved. Unlike the traditional criminal justice system, restorative justice is victim-focused.

The traditional justice system often overlooks the needs of victims of crime. Research suggests that victims who participate in restorative justice processes are generally more satisfied with the outcome than those who go through the traditional criminal justice system.

Victims who participate in restorative justice have reported feeling more heard and validated and have experienced a greater sense of closure and healing. They also reported feeling more satisfied with the outcome of the process, believing that justice was served and that the offender took responsibility for their actions.

An evaluation of studies on restorative justice found that victims who participated in these programs were significantly more satisfied with the process and outcome than those who went through the traditional criminal justice system.³ Additionally, victims who participated in restorative justice were less likely to experience post-traumatic stress symptoms compared to victims who did not participate in restorative justice.⁴

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It's important to note that not all victims are suitable or willing to participate in restorative justice, and the satisfaction may vary depending on the specific circumstances of the case, the preparation and support provided to the victims, the type of restorative justice program, and the offender's attitude.

Restorative justice can also include restitution, community service, and other forms of reparation. It is used as an alternative or in addition to traditional criminal justice processes such as court trials and imprisonment.

Restorative justice can use a trauma-informed approach by recognizing the impact of trauma on both the victim and the offender and addressing those effects in the process of restoring harm and repairing relationships. By focusing on the traumatic impact, preventive strategies can be formulated.

A trauma-informed restorative justice process would involve understanding the prevalence of trauma, recognizing signs and symptoms, responding with empathy and support, and taking steps to avoid retraumatization.

For the victim, a trauma-informed restorative justice process would involve creating a safe and supportive environment for them to share their experiences, feelings, and needs. It would also involve providing appropriate support and resources for them to heal from the trauma.

For the offender, a trauma-informed restorative justice process would involve understanding the role of trauma in their criminal behavior and addressing those underlying issues as part of their rehabilitation.

Additionally, a trauma-informed restorative justice process would involve training and educating all involved parties, including facilitators, about trauma and its effects to create a more empathetic and effective process.

The Use of Restorative Justice as a Trauma-Informed Approach

Restorative justice is being used as a trauma-informed approach to crime in a number of jurisdictions around the world. Some examples include:

1. Canada: Several Canadian provinces, such as British Columbia, Alberta, and Ontario, have implemented restorative justice programs that use a trauma-informed approach to address the needs of both victims and offenders.
2. United States: Many states in the U.S., such as California, Colorado, and Vermont, have implemented restorative justice programs that use a trauma-informed approach. Some cities, such as Chicago and Baltimore, also have restorative justice programs in place.
3. Australia: In Australia, several states, including Victoria, New South Wales, and South Australia, have implemented restorative justice programs that use a trauma-informed approach.
4. United Kingdom: Restorative justice programs in the UK have been implemented in several jurisdictions, including in the criminal justice system, education, and youth justice, and in communities as well.
5. New Zealand: New Zealand has a long-standing tradition of using restorative justice and has implemented several restorative justice programs that use a trauma-informed approach in the criminal justice system.

It's worth noting that implementing restorative justice as a trauma-informed approach to crime is a relatively new field, and the number of jurisdictions using it is likely to grow as its effectiveness becomes more widely recognized.