Web resources: The Utah Restorative Justice
The Utah Restorative Justice Conference brought together scholars and practitioners to discuss restorative justice as a response to the problems in the US criminal justice system. Three broad areas were covered in the conference: the practice of restorative justice, theory and jurisprudence, and interdisciplinary perspectives. Conference papers were published in the 2003 volume of the Utah Law Review and made available online.
Luna, the conference coordinator, provides a general overview of problems being faced by the US criminal justice system and why the symposium was held. He then briefly reviews each of the papers presented.
Repairing the Harm: Victims and Restorative Justice, by Heather Strang and Lawrence W. Sherman.
Strang and Sherman present data from the Reintegrative Shaming Experiments in Australia to discuss victims in the context of restorative processes. The article compares the place of victims in the current justice system with the way in which restorative justice involves them, and argues that restorative justice meets more of their needs and demands.
Restoration, A Component of Justice, by Kathy Elton and Michelle M. Roybal
Elton and Roybal discuss trends in the juvenile justice system and the effects these trends have had on those affected by crime. They argue that restorative justice is a more balanced response to offending than rehabilitation or get-tough strategies. In their discussion, the writers detail issues concerning victim-offender mediation.
Reconstructing Professional Roles in Restorative Justice Programs, by Susan M. Olson and Albert Dzur
Olson and Dzur, both political scientists, discuss the roles of professionals in restorative justice. While a key component of restorative justice is de-professionalization and community empowerment, the authors argue that restorative programmes do create a new 'professional role.' Restorative justice coordinators or facilitators have unique positions and responsibilities in the response to crime. Using programmes in Utah and Vermont as cases studies, Olson and Dzur explore the roles played by these 'new professionals' and issues surrounding their jobs.
Between Town and Gown: The Rise and Fall of Boulder's University Hill, by Thomas D. Russell
Russell, a legal historian, chronicles the development and subsequent demise of a restorative justice programme in Boulder, Colorado. He provides a thorough description of the community context, historical background of the conflict between community members and some of the college students, and a description of the restorative practices employed to address the issues. From this background, Russell moves into a discussion of how external opposition caused this community initiative to eventually collapse.
In this analysis of 15 studies of juvenile offenders participating in victim-offender mediation programmes, the authors explore the relationship between participation in a restorative programme and subsequent offending. The statistical data presented points to a lowering of recidivism for those participating in victim-offender mediation programmes.
Poulson, a social psychologist, uses data from seven studies to explore the cognitive effects of restorative processes. Issues discussed include feelings of fairness, satisfaction, fear and respect. The data across the seven studies were consistent in suggesting that restorative processes are better at meeting the needs of participants than traditional court processes.
Punishment, Theory, Holism, and the Procedural Conception of Restorative Justice, by Eric Luna
Luna discusses theories of punishment and the inability of many punishment theories to find agreement. He argues that a "procedural conception of restorative justice allows distinct voices to contribute to an appropriate outcome without necessarily assenting to the same theory."
Restorative Justice, Punishment, and Atonement, by Stephen P. Garvey
Garvey also discusses punishment theory and suggests that restorative justice advocates are misguided in attempting to remove punishment as a response to offending. Instead, he argues for a transformation of punishment, a move from simple retribution to a three step process of admission, expiation, and forgiveness for the offender.
Restorative Justice and the Justification of Punishment, by David Dolinko
Dolinko takes up the discussion of whether restorative justice provides adequate safeguards against abuses of justice. Issues covered include whether or not restorative justice can avoid deliberately punishing the innocent, ideas of equal justice, and the ability of societal attitudes to be transformed.
Restorative Justice and the Danger of Community, by Robert Weisberg
Weisberg takes up the issue of 'community'. He explores the different ways in which the term is used in restorative justice writing and other arenas. He discusses the dangers that surround idealistic rhetoric about community that fails to explore its potential for bad policy choices.
The Virtues of Restorative Process, the Vices of 'Restorative Justice', by Paul H. Robinson
Robinson, a punishment theorist, examines restorative processes and restorative justice as distinct entities. He finds much about restorative processes that is positive -- holding offenders accountable, involving key stakeholders, and reaffirming social norms -- while remaining troubled by elements of restorative theory. Here Robinson takes up the issue of punishment and questions some restorative justice advocates in their attempts to remove the idea of punishment in responding to the crime.
Holism, Justice, and Atonement, by John Braithwaite
Braithwaite responds to the previous theoretical critiques of restorative justice. He addresses the punishment debate, atonement, and questions of equality in responding restoratively. He also acknowledges the concerns raised about 'community'.
Still Tough on Crime? Prospects for Restorative Justice in the United States, by Sara Sun Beale
Sara Sun Beale explores the extralegal factors that affect official responses to crime. She explores the increase in get tough policies and the move away from rehabilitative strategies in the US. She contrasts this with the rise of restorative justice in other countries. Extralegal factors affecting such differences include budget decisions, public concerns about crime and public safety, the news media's sensational coverage of some crimes, and political agendas of policy makers.
Darren Bush explores restorative justice from a law and economics perspective. After a discussion of the law and economics literature, Bush delves into issues of restitution, concluding that justice cannot be solely about reparations to the victim. At the same time, he notes favorably that in restorative processes provide offenders with alternative choices to their offending behavior.
Myth in Restorative Justice History, by Douglas J. Sylvester
Sylvester takes a look at restorative justice advocates' use of history. He begins his discussion by exploring the misuse of history and issues of interpretation when history is used to bring legitimacy to an idea or a set of practices. Sylvester explores entertainment history to construct three criteria to be used in analyzing 'good history'. Sylvester then turns to the historical claims of certain restorative justice advocates and finds some clear cases of historical "facts" being taken out of context. While recognizing that these writers have not crossed into myth-making, he argues that they are dangerously close.
Restorative Justice and the Two-Track Establishment Clause, by Frederick Mark Gedicks
Gedicks explores the role of religion in restorative justice. He outlines the ways that religion can influence restorative programmes -- from religious values permeating the programme to the creation of restorative justice programmes by religious groups. He then discusses issues of Church and State and dangers that programmes may face in the courts.
Restorative Justice and the Jewish Question, by Daniel J. H. Greenwood
Greenwood takes another look at religion and restorative justice, this time from the perspective of Judaism. While noting the compatibility of restorative justice with the wisdom of Jewish law, Greenwood questions whether religious values should be a part of any criminal justice system because of the need for a justice system to have legitimacy among all sectors of society.
