Domestic violence – another approach?
Professor Chris Marshall reflects on domestic violence, saying it's a serious, continuing problem in New Zealand, and perhaps it's time to broaden our repertoire of responses to it.
In the wake of a recent Family Violence, the Law, and Restorative Justice conference Professor Chris Marshall reflects on domestic violence, saying it's a serious, continuing problem in New Zealand and perhaps it's time to broaden our repertoire of responses.
"I think it's fair to say that the conventional method of dealing with domestic violence through the criminal justice system – that is, an adversarial process that favours separating the victim from the abuser in the interests of safety – hasn’t been a huge success," says Professor Chris Marshall, who holds the Diana Unwin Chair in Restorative Justice at the School of Government.
"The fact is, women and children are still being injured, sometimes killed. If someone is dangerously violent, it's very hard to stop them, no matter how many protection orders you have."
While Professor Marshall recognises the importance of bringing domestic violence out into the open and using the resources of the state to protect victims, he wonders whether there is a better way to deal with cases of domestic violence.
"As an advocate of restorative justice, I believe that bringing perpetrators and victims together for a facilitated and supported conversation about what’s happened, what the impact has been and what can be done to prevent it happening again, can lead to better outcomes.
"Family violence is a complex problem, and great skill is needed when dealing with it. But restorative justice has a significant contribution to make to tackling the problem."
Controversial view shared by experts in the field of domestic violence
Professor Marshall acknowledges that this is a controversial view, but says it's one held by a number of experts in the field of domestic violence.
One of these is Professor Leigh Goodmark of the University of Maryland's Law School, who was a keynote speaker at the recent Family Violence, the Law, and Restorative Justice conference which was organised by the Chair in Restorative Justice.
"Professor Goodmark is firmly of the opinion that interventions of the kind offered by restorative justice can have better results than the more common adversarial method."
Are there safety issues?
But aren't there safety issues? And doesn’t a restorative justice approach risk re-privatising a problem which feminists have fought long and hard to bring out into the open?
"Obviously safety is paramount," says Professor Marshall.
"There will certainly be cases where the abuser is simply too manipulative or dangerous to take part in a restorative process. But that's not always, or even typically, so.
"There are many situations where a properly managed and skilful restorative justice approach would be appropriate.
"When it comes to the issue of re-privatising domestic violence, I'd respond by saying that restorative justice doesn't in any way seek to hide or excuse what's happened.
"On the contrary, it brings it under public gaze by involving members of the wider community in the process."
Inclusive style of justice
"Restorative justice is an inclusive style of justice. It strives to include all those most affected by crime or wrongdoing in determining what needs to be done to meet their needs."
Restorative justice, says Professor Marshall, is now well embedded in New Zealand’s criminal justice system.
"In some parts of the country, 70 percent of cases that come before the District Court involve domestic or sexual violence.
"Restorative justice clearly has great potential. It's no longer a case of whether restorative justice is appropriate for family violence. It's a matter of when it is appropriate, and what kind of process will be most effective and safe."