Panel discusses balance in court process
Finding a balance between crime and punishment is as much about the language we use as it is about the relationship between victims and offenders.
That, at least, was the takeaway from a panel talk involving a quartet of people with different roles in and around the justice system.
Judge Jill Moss, Restorative Practices Aotearoa general manager Mike Hinton, victim and survivor advocate Ruth Money, and restorative justice academic Dr Jane Bolitho gave their views on the topic in Palmerston North on Thursday. Their discussion was part of a conference for mediators and facilitators run by the Manawatū Restorative Justice Trust, which was celebrating 25 years.
The trust, among other things, runs the restorative justice process for Manawatū courts, in which offenders and victims meet to talk about what occurred between them and how to make things right.
Hinton said the justice system often involved talk of crime and punishment, but rehabilitation and equality should be at the forefront. He wanted a system where people who offended or were offended against were rehabilitated.
‘‘Until we do that, we are just going to be opposing each other in this constant battle of victim and offender. We should just be focusing on people.’’
Moss said she agreed with much of Hinton’s message. Preventing offending, creating accountability and deterring others came back to rehabilitation, she said. ‘‘Rehabilitation is damn hard.’’
It was important to think of the relationship between a victim and offender. If people believed all relationships needed work, restorative justice could be powerful, she said.
Money pushed back against a comment made by an audience member, who said there was ‘‘no such thing as a crook – there are people with bad habits’’.
She said a man in his 40s raping a young girl was not a bad habit.
‘‘Yes, [the rapist] needs a lot of rehabilitation, but so does she. Our criminal justice system process doesn’t privilege her needs.’’
Just 50 cents of every $100 spent in the justice system went towards victims, which showed the system was not victim-centric, she said.
Bolitho said restorative justice was as much a social movement as a judicial process. ‘‘Healing in the community is what restorative justice is about.’’
The conference concluded yesterday.