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Restorative justice, together with community policing and community corrections, is widely regarded as one of the three pillars of “proactive criminal justice.” In the past, however, restorative justice and policing developed with limited overlap, leaving “restorative policing” largely underexplored. Nevertheless, international practical experience shows that police can be empowered to refer cases for restorative justice, represent the community in restorative processes, enforce resolutions formed through restorative procedures, and even serve as facilitators in restorative conferences. As the most fundamental local peacebuilders, police can, through restorative justice approaches, help achieve mutually beneficial outcomes for offenders, victims, and the community. Given the close connection between restorative policing and community relations, this study employs a four-point bipolar Likert scale questionnaire to empirically examine whether police can appropriately participate in restorative justice processes. Specifically, it explores whether police officers are better positioned to serve as facilitators in restorative justice processes or as community representatives within such frameworks. Research findings indicate that in Taiwan, despite police lacking legal authority to make restorative justice referrals, survey results from the northern region demonstrate strong community support for police involvement in restorative processes, with a satisfaction rate averaging 56%. At the same time, items measuring the suitability of police as “restoration promoters of restorative justice” (5 items) show stronger relevance than those assessing whether police are suitable as “community representatives of restorative justice” (2 items). In addition, multiple regression analysis revealed that police are perceived as suitable facilitators in restorative justice processes. However, the communities interviewed also expressed concerns that police involvement in the restoration process may introduce risks of failure, miscalculation, misjudgment, or perceptions of differential treatment. In response to these concerns, this article suggests that restorative justice should integrate mediation and adopt restorative policing as its starting point. Accordingly, a two-stage restorative justice model is proposed, with restorative policing serving as both the initial phase and a continuing process. This approach involves empowering police to implement restorative policing through comprehensive legal authorization and emphasizing police-led restorative procedures to prioritize issue resolution. Through strengthening police-community relations, this model aims to establish a foundation for localized restorative policing and the practical application of restorative justice.
Published in: International Journal of Law and Society
Volume 9, Issue 1, pp. 83-98