Can Restorative Justice Be of Value in Forensic Cases? Perspectives of a Lawyer and a Psychologist

Abstract

Restorative justice (RJ) is a means by which to restore victims, restore offenders, and restore communities in a way that all stakeholders can agree is just, via the values of participation, reparation, equality, a forward-looking approach, respect, and dignity. Although concepts of restorative justice have been steadily growing in the context of the criminal trial process since the mid-1980s, most growth has come in cases involving post-sentencing victim-offender interaction. There has been virtually no movement to apply restorative justice principles to forensic cases.

In this paper, we preliminarily explore – from the perspectives of both the lawyer and the forensic psychologist -- how RJ principles might be used in the full range of forensic cases, including matters involving incompetency to stand trial, the insanity defense and sentencing of defendants with mental disabilities.

Keywords: Restorative justice; forensic testimony; incompetency to stand trial; insanity defense; sentencing; criminal trial process