A.J. Nicholson, Contributor

The Jamaican Justice System Reform Task Force, under the chairmanship of Professor Barry Chevannes, observed, in its June 2007 report, that a contributing factor to the high levels of violent crime in Jamaica is the (phenomenon) of victim-initiated offences.

"The power of criminal networks in some communities," the report asserts, "lack of understanding or trust in the justice process has resulted in a propensity for vigilante acts of violence - commonly referred to as 'jungle justice' - and reprisals. This provides scope for the strong impact of restorative practices, which may have the effect of redirecting victims and the wider community affected by a crime away from the desire for vengeance."

Still happening

Victimisation has been indelibly woven into the entire tapestry of our history as a people, and it has continued to be part of our experiences to this day.

It has manifested itself in several areas through the years: in the industry and practice of the slave trade; in the politico-economic system known as colonialism; in the replacement of officials of undoubted integrity in the public service and elsewhere with others who are regarded as 'loyalists'; and in the manner in which those who suffer as a result of criminal activity are treated in the justice process.

Victims react to their suffering in varying forms. Some opt for the haven of a decision to 'leave it at the Mercy Seat'; others seek restitution or reparation through available channels; and still there are others who embark upon a path of vengeance, sometimes in the extreme.

We remember, with gratitude, Justice Julius Alexander Isaac, the chairman of the West Kingston Commission of Inquiry, which presented its report in June 2002.

Justice Isaac was then the Chief Justice of the Canadian Federal Court of Appeal. A son of Grenada, he has been part of that line of Caribbean personalities who, though born in relatively unexciting circumstances, have moved on to distinguish themselves on the international stage.

He famously nodded off during the Commission of Inquiry exercise, and some among us perhaps chose to regard that 'rest on the Bench' as the fulcrum of his contribution to Jamaica and, for them, that is how he is to be remembered.

Forgotten

I rather doubt that former President Bill Clinton, in his activities during the present election campaign in the USA, is likely to be remembered for nodding off on a church platform as the black preacher delivered his sermon. Others of us have therefore chosen not to remember Justice Isaac merely for that type of human frailty or response.

For, his report on the West Kingston Commission of Inquiry contains several recommendations which remain profoundly meaningful to our development journey as a people.

One of those recommendations speaks to repairing the breach that has been occasioned by the deep hurt and grief that have beset so many families and communities in our country over these several years. That recommendation addresses the injection into our system of the administration of justice the principles and practices of the approach referred to as restorative justice.

The final chapter of the West Kingston Commission of Inquiry Report deals with "a more peaceful social order for the affected communities". The concept of restorative justice is identified as a signal tool of empowerment and the healing process that is necessary if the tension and unease that have welled up in our social order for so long is to be defused.

Part of the menu

Clearly, restorative mechanisms constitute only a part of the menu of initiatives that are required to be employed if our citizens are to be allowed collectively to 'breathe easily' again. They have, however, been acknowledged to be key practices in the healing process of development because of the role they can play in the reduction of crime and recidivism.

A phenomenon that sadly exists in the justice system that we have come to know is the undistinguished place that is occupied by the victim of crime. It is now settled that this leaves an imbalance in our approach to the administration of criminal justice, in particular, since the victim is seen merely as a tool to secure a conviction in the courts and largely forgotten otherwise in the scheme of things.

For the creation of the just society, such a situation of prejudice cannot be allowed to continue and, in any reform of our justice system, the victimisation that our citizens are left to endure must come to occupy a place at the centre of the healing table.

That imperative was not lost on the Justice Reform Task Force as it sought to "reach deep into our reserves ... if we are to build a just Jamaica", taking our cultural realities into account, so that the justice system will come to fulfil its role effectively in our contemporary Jamaican society.

And so, there is fundamental agreement with the 2002 report presented by Justice Isaac, which considered the broad parameters of the principles and practices of restorative justice.

What is the aim?

What, then, is this concept called Restorative Justice; and what is its aim?

Justice Isaac was assisted in the inquiry by experts, including Professor Jennifer Llewellyn, then at Dalhousie Law School in Nova Scotia, Canada, and who had worked with the South African Truth and Reconciliation Commission on the concept of justice underlying that commission's work.

Professor Llewellyn maintains that restorative justice principles can be applied in several areas, but they have thus far been of greater significance in the criminal realm. A restorative understanding sees criminal infractions primarily as harm to relationships and to the parties involved in them (including individuals, groups and communities).

This differs from the understanding at the root of contemporary criminal justice systems, which views crime as a violation or breach of the law - an offence against the state.

Along with this different understanding of crime, restorative justice offers a new approach to dealing with wrongdoing. No longer is the state viewed as the principal party harmed by crime. Restorative justice affirms that the primary harm caused by crime is to the victim, and extends through a web of relationships to include the victim's immediate community of support, the wrongdoer and his own community of support, and the wider community.

Further, all the parties affected by the wrongdoing must be included in a restorative process aimed at addressing the harm, and developing a plan for the future, aimed at restoring relationships by repairing the breach.

The Restorative Justice Movement across the globe, therefore, offers a new lens through which to see the world of the person who has been wronged. It helps to make clear the extent to which wrongdoing causes hurt not only to the immediate victim but to connections and relationships between those involved. It offers a response to wrongdoing that understands and responds to the harm caused to relationships.

It is through dialogue and face to face interaction that a victim can come to experience a sense of balance from witnessing the offender accept responsibility and recognise the impact of the wrong that he has done.

Forgiveness, repentance

This is how strains in relationships are defused; this is how the pain and the hurt may be eased; this is where forgiveness and repentance find a meeting place; this is where communities begin to mend.

These are practices, too, that can form the basis for developing genuine partnerships between communities and the police which are required for successful community policing. Indeed, in dealing with wrongdoing by members of the security forces, the victim and the community are brought into the process of addressing the strained relationships, thus avoiding the perception that the police enjoy immunity for their actions.

And the Justice Reform Task Force pointed to another desired outcome that can flow from a dedication to these approaches: that of reducing the pressure that is experienced in the court system.

They maintain that: "Interventions that focus on the social context within which the justice system operates reduce the 'demand side' of court capacity. This is a reality that must be addressed in today's Jamaica, as rates of violent crime and civil disputes are inordinately high.

"Too many of these demands on the court arise from disputes that could have been resolved had a culture of discussion, listening, positive values and respect prevailed."

The principles that undergird restorative practices point to a culture of respectful interaction as citizens of Jamaica, in our places of abode, in our schools, in our communities and at the workplace.

Encouragement, support

It is recognised that several institutions of government, the church, universities and organisations of civil society have, for some time, been responding to the challenges of having these practices become a structured part of our process of development. These entities deserve every encouragement and require meaningful support for the educational initiatives and the range and level of resources necessary for success.

Restorative justice should be seen as a tool that empowers the victim, rebuilds community and engages our citizens directly in the administration of justice. That kind of tool is a signal requirement in the creation of the just society. It is a powerful tool of development.

A.J. Nicholson is the opposition spokesman on justice.