Sharon G. Garner, & Veronica E. Bath, Forging Links and Renewing Ties: Applying the Principles of Restorative and Procedural Justice to Better Respond to Criminal Offenders with a Mental Disorder

Criminal offenders with mental disorders pose significant challenges for the justice system, requiring alternative approaches beyond traditional prosecution and incarceration. Hafemeister, Garner, and Bath propose integrating restorative and procedural justice principles to better serve victims, offenders, and communities. The article articulates eight foundational principles: acknowledging that many individuals in society have mental disorders; recognizing that mental disorders are diverse and fluctuate; understanding that disorders are not all-or-nothing phenomena; recognizing that disorders can be debilitating; avoiding overestimation of violence risk; affording respect and dignity; involving persons with disorders in relationships; and maintaining important interpersonal relationships. Criminal justice alternatives—probation, drug courts, and mental health courts—offer superior frameworks compared to traditional jails and prisons that function as de facto mental health systems. The article combines restorative justice principles emphasizing victim-offender reconciliation with procedural justice approaches protecting fairness and process legitimacy. Hafemeister proposes integrating these models to create systems responsive to offenders' mental health needs while respecting victims' interests and community restoration. The analysis demonstrates that society's current response to mentally disordered offenders is woefully inadequate and that principles-based restorative-procedural frameworks offer meaningful pathways for reform.

Topics: Criminal Procedure · Evidence & Procedure · Civil Rights

Keywords: mental disorders · criminal justice · restorative justice · procedural justice · mental health courts · incarceration reform