Why is Restorative Justice and the power of apology not fully integrated into our justice system?

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I never seem to stop being baffled by aspects of our society. But more than anything else, I’ve been baffled by the illogic of our criminal justice system since I was able to think for myself. Last night I co-facilitated a Restorative Justice conference that brought it home to me once more how important a role apology has in the process of repairing the harm caused to another.

In so many cases the victim, the most important person within the context of a committed crime, can be hugely helped by the “simple” act of a genuine apology. Isn’t that precisely what we are taught to do as children when we have done something bad? And yet as we grow up and do more seriously bad things, the role of apology is largely replaced by punishment, a revenge of sort that responds to and feeds a victims’s natural and justified anger but contributes little to the easing of their pain. We’ve seen examples of apology countless times in politics: Ireland’s decades of pain-filled longing for an apology from the British government for Bloody Sunday in contrast to the hugely powerful yet simple gesture in Germany in 1970 when Willy Brandt spontaneously knelt at the memorial to the Warsaw Jewish Ghetto. No words were needed and it was accepted by the world as a public acknowledgment of wrong – no excuses, no justifications, just a silent and humble act of apology.

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“Born to lose, built to win…”

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Mural in Cologne Prison, Wing 3

On Friday I saw the documentary “One Mile Away” portraying the efforts of two warring gang members in inner city Birmingham to form a truce between the B21 and B6 postcode rivals. A couple of the gang members were present for a Q&A session afterwards; brave, brave men, lit up by the desire to bring about change and to prevent the pointless feud infecting their children. In this case there was nothing more than the difference in postcodes and the dividing road between that caused a sense of territorial animosity between people otherwise of the same cultural heritage, ethnicity and age.

“Born to lose, built to win” was one of the rappers’ lines that struck me with its potency.

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The essence of it all…

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“If only it were all so simple! If only there were evil people somewhere insidiously committing evil deeds, and it were necessary only to separate them from the rest of us and destroy them. But the line dividing good and evil cuts through the heart of every human being. And who is willing to destroy a piece of his own heart?”

Aleksandr Solzhenitsyn