Donald Trump, Scottish independence, Brexit: Why there is an escape from our toxic political debates

No doubt this historic, non-consecutive electoral win for Donald Trump will be picked over and debated for some time to come. What's undeniable is how polarised elections – heck, all versions of public debate – have become. The independence referendum, Brexit, the pandemic, recent years have produced a society riven in two.

Riled up by the press and politicians, enabled by social media platforms, we are set against each other, unable to reconcile or give even the slightest inch to understanding the opposing side’s viewpoint. It's exhausting and a toxic way to live.

Finding a common understanding

Which brings me to restorative justice week, which began on Sunday. I'm sure I’ve extolled the virtues of restorative justice in this column many times before. How it aids rehabilitation for those who have offended and can help the healing process for those harmed.

However this year's theme gave me pause: “the promise of restorative justice in a polarising world”. At the very core of restorative justice is the will to step towards, not push away. Its intent is to be inclusive, by engaging everyone affected to come to a common understanding and agreement on how the wrongdoing can be repaired, relationships maintained and justice felt. It’s voluntary and far from an easy option and requires skilled practitioners, as well as great effort, trust and strength from all involved.

If you’re a victim of crime, the process of justice is inherently about loss of control, beginning with the harm you’ve suffered. Once in the ‘system’, various agencies and mechanisms take over; police investigate and charge, the procurator fiscal leads a prosecution, courts convict and sentence.

Your experience is central to why the perpetrator is in the justice system, but you are on the periphery as processes are followed. This is how it must be: guilt or innocence and what comes after must be worked through by those not directly involved to ensure a fair and proportionate outcome.

From vandalism to genocide and war

But where does that leave those dealing with the impact of a crime, whose voice has been lost in the machine? And where does it leave those who want to make amends beyond what the state has designated for them?

Restorative practices have been used following a wide range of crimes and harm; for vandalism and property crime, crimes against the person, right through to national traumas like terrorism, genocide and war. Often it’s face-to-face, but can be done via letters and messages. For some, it brings empowerment and fills the need to be heard, for others it’s about closure and moving on, unburdened – and it can be transformative for those who have committed crimes too.

It’s very existence as a form of justice is testament to the power that lies in constructive dialogue. It’s difficult to see a way through what feels like the age of rage. But I’ve always been an optimist. If we can explain, listen and understand in this most difficult of arenas, then there’s hope that we can do it anywhere.

Karyn McCluskey is chief executive of Community Justice Scotland