Changing perspectives

Changing Perspectives

The last Restorative Weekend was thought provoking as we challenged how as law students we are made to understand crime, criminal justice, and justice delivery in a mechanical, non-human, and political manner. As we delved into recalibrating how to deal with all these using a restorative lens, we also agreed to the need to reconsider how we deal with the relevant stakeholders. The session was divided into three parts, viz. how crime is understood, how justice is done, and how delivery of justice is accomplished. It is so amazing that a half an hour’s session gets easily converted into an-hour long discussion which still feels less. 

When we look at crime, we have been taught since the first day of law school that crime is a violation of law and is a wrong against the entire society, as opposed to civil harms which is against one person only. This is evident with the case titles. While the former follows the format, ‘State v. A’, the latter follows ‘A v. B’. As a corollary to this, proceedings in criminal harms are taken by the State, representing victim, against the harm-doer. This reminds me of the time when I was approached by my students who questioned this first lesson. Considering this as the only way of looking at crime, they asked: ‘Restorative justice violates our very first learning that crime is a wrong against society. How can then State step back and let parties be the drivers?’

It was then I shared with them the article by Nils Christie on Conflicts as Property. This changed the way I look at crimes. It is not the harm, which is violation of law, but is the harm which is the violation of people and relationships. It is they who have been violated, on many levels, not just physically or financially, but also mentally, emotionally, psychologically, and socially. They may be traumatized for life. 

How we look at justice needs a fresh perspective too. It should not be just for the violation of law for the 

People wont follow unless they believe in the judgment

Lastly, justice delivery – involvement of everyone who is harmed.

Some of the relevant readings we shared:

1. Conflicts as Property by Nils Christie (Article)

2. Changing Lenses by Howard Zehr (Book)

3. The Little Book of Restorative Justice by Howard Zehr (Book)

4. Until we Reckon by Danielle Sered (Book)

These are my top favourite reads that came up during the discussion.