Can restorative justice be used in serious cases?
The short answer is yes. RJ can be used in serious cases. A better question is: Should it? That depends entirely on the victim. Individual victims must decide if they’re ready to confront the offender. They must never be encouraged to do so. Offenders must also be ready and willing. In certain cases such as domestic violence, the aim should not be reconciliation. The primary concern is victim safety and breaking the cycle of violence. Reconciliation may also not be the goal in many other cases because reconciliation inplies a prior "conciliation" which may not be true in individual cases. Mediation might be a better term.
• The Nova Scotia Restorative Justice Program is not intended to replace the current criminal justice system. It does, however, have the potential to meet needs that are not currently being met by the existing system. • The need for reconciliation and healing exists for all offences, regardless of their severity. In fact, the experience of restorative justice often seems to be more meaningful for offenders, victims and community members when it involves a more serious case and the loss to the victim is more profound. • For more serious offences, however, a conviction must be entered, or a sentence passed, before a referral can be made to the program. • It is important to realize that restorative justice is not necessarily about avoiding incarceration. There is also no guarantee that participation in a restorative justice process will result in a “lighter” sentence than the normal court process would yield.
