It Is Time to Take
Restorative Justice Seriously
In light of Vermont’s unhealthy reliance
on plea bargaining justice, it is time to take
restorative justice seriously. The legislature could approach restorative justice as
if there never were a statute passed without debate. It could research and debate
the merits of restorative justice processes
and their results and compare them to the
effects of plea bargaining. Restorative justice does not threaten in any way the justice ordained as a constitutional right for
all U.S. citizens. It cannot replace the trial
for the defendant who maintains his innocence. It can be implemented, however, to
free us gradually from the scourge of pleabargaining. Again, how many felony defendants on average in Vermont could be viable participants for a restorative justice resolution?
Nothing prevents restorative justice
agreements from being even more onerous for defendants than plea bargain sentences. Certainly many victims of crimes
will want t