Restorative Justice (Symposium : Restrative Justice : Philosophy and Contemporary Significance)

Justice on the Citizen's Initiative

Abstract

There are no criminal or juvenile justice procedures that are based upon citizen initiative in Japan. Although the victim and community suffer most from crime, they have the least influence on criminal or juvenile justice. A sound justice system cannot be established without including a restorative justice component that meets victims' needs. A victim wants to know why and how the crime was committed, to ask for the offender's apology, and to receive adequate compensation from the offender. It is necessary for Japan to have a system to fulfill these demands. It is much better to realize such demands outside the formal criminal and juvenile justice systems rather than inside them. VOM (victim-offender mediation) is the most suitable forum for meeting the needs of victims. VOM is a more dialog-driven than settlement-driven process. Civil and criminal justice have been entirely separated since the beginning of modern times, contrary to the practices of ancient times when the two were united. Restorative justice combines them again. Offenders' taking responsibility for the harm they caused their victims is much more important than their being punished by the state. In Japan we should pursue restorative justice through the auspices of non-governmental or non-profit organizations. It would be best for a district court or a family court to entrust an NGO or an NPO with carrying out restorative justice.