Reading: Inclusion

Deuteronomy 19:15

One witness is not enough to convict a man accused of any crime or offense he may have committed. A matter must be established by the testimony of two or three witnesses.

Matthew 18:15-17

If your brother sins against you, go and show him his fault, just between the two of you. If he listens to you, you have won your brother over. But if he will not listen, take one or two others along, so that every matter may be established by the testimony of two or three witnesses. If he refuses to listen to them tell it to the church; and if he refuses to listen even to the church, treat him as you would a pagan or a tax collector.

1 Timothy 5:19

Do not entertain an accusation against an elder unless it is brought by two or three witnesses.

Reflection on inclusion

Crime fundamentally involves harm to people and relationships. Appropriate and effective response to crime brings people together, directly or indirectly, to deal with the crime and its effects. This is the beginning of a restorative response to crime.

All of those involved in and affected by a crime should be invited to participate in this process. In many discussions of restorative justice, those affected by a crime are called “stakeholders.” Inclusion of all stakeholders is one of the key principles or values of restorative justice practices in seeking to move forward from the harm caused by crime.

In many Biblical texts, such as the ones above, we see the critical importance of including all concerned people – all stakeholders – in dealing with wrongdoing. Conflict, wrongdoing, and crime alienate and isolate people emotionally and relationally – in addition to the material or physical damages they cause. It is right and good to respond to conflict by including as many as necessary among those affected.

Inclusion can take various forms. One way is through full sharing by justice officials of information about proceedings and resources with all affected parties, especially with victims, families and friends, and communities. Another form might be to allow victims to be present in court, to offer victim impact statements, and perhaps even grant them legal standing during the criminal proceedings. Restorative justice practice has suggested other ways to include the stakeholders, such as the various kinds of family or community gatherings to address wrong-doing or conflict (e.g., conferencing and circles). The parties can be included at various points throughout the process: investigation; pre-sentencing; plea bargaining; trial; sentencing; and post-sentencing.

We should not expect that inclusion of affected parties is necessarily a simple and easy component in seeking a restorative response to crime. Not all may see inclusion as a value. Some victims may balk at participating in a process that involves encounter with the offender. Participants may be strongly disposed to pursue their own perspectives, needs, and interests at the expense of others, at the expense of trying to resolve the conflict and harm.

Yet inclusion is a key value in addressing wrongdoing and crime in the following ways and for the following reasons, perhaps especially for victims.