Supporting Engagement in Restorative Justice: Towards an Understanding of “Ambivalent Proportionate Interest” (API) and the “Window of Tolerance” Through a Classification of Participants’ Motivations and Satisfactions

Abstract

Restorative Justice (RJ) is a comprehensive model for addressing the expressive needs of offenders and victims. One of the sine qua non conditions is the collection of the participants’ consent. However, with the possibility of participating in a Restorative Justice program, offenders and victims are subject to an “Ambivalent Proportionate Interest” (API). This is a tension between the cognitive interest related to the perceived seriousness of the crime and the various emotional stakes (reliving, repercussions, proposed encounter). “API” means that Restorative Justice coaches must consider a “window of tolerance” in individuals during the proposal and preparation of the program. To best help participants and coaches, we question voluntariness here, not from a philosophical or legal point of view, but from a psychological perspective: we interviewed participants in a Restorative Justice program in the form of non-structured interviews and then categorized and quantified their expectations by thematic dimensions. We believe that knowledge of the structuring of participants’ expectations and satisfactions could help the facilitator in the initial collection of subjects’ needs.