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Distinguishing Restorative Justice

An approach used by many writers has been to contrast restorative justice from what is presented as conventional criminal justice (referred to as retribution, traditional criminal justice, or in other ways).

. 'Rewriting history' : towards a genealogy of 'restorative justice.'
This thesis considers how ‘restorative justice’ has emerged as a legitimate response to crime. It presents the beginnings of a genealogical analysis of ‘restorative justice’ as it applies to criminal justice contexts. It comprises a ‘backwards-looking’ component, in which accepted historical accounts of ‘restorative justice’ are problematised, and a ‘forwards-looking’ component, in which a partial history of discourse of ‘restorative justice’ is presented. I conclude that these silenced discourses might be read as an incomplete and partial history of discourse of ‘restorative justice’. That is, ‘restorative justice’ ‘makes sense’ as an approach to criminal justice partly because of the credence of these discourses, upon which it relies, to some extent, for discursive legitimacy. These diverse and divergent discourses cast the ‘restorative justice’ project not as the unified and stable ‘movement’ as which it is usually portrayed, but as a fragmented and shifting phenomenon, comprised of a loose and heterogeneous assemblage of practices with variegated historical antecedents. Additionally, I conclude that some concerns raised by various scholars in the field – particularly in relation to the potential of ‘restorative practices’ to impact negatively on already marginalised and disadvantaged populations – are validated by this genealogy. (author's abstract)
Berzins, Lorraine. "Perspectives on Achieving Satisfying Justice: The Challenge before Us.
Within a Canadian context, the author argues for a new approach to criminal justice that seeks an overall positive, healing purpose, for victims and communities as well as for offenders and their families, instead of the punitive, adversarial philosophy she claims exists.
Blogging the Non-Adversarial Justice Conference
from the entry by Michael King on Cutting Edge Law: It is finally here – the first day of the sessions of the Non-Adversarial Justice: Implications for the Legal System and Society conference in Melbourne, Australia. After well over a year of work and planning for the conference we will see how it all turns out. It is exciting – seeing old friends from around the world, meeting new ones. ....Below I give some thoughts and highlights from the first day of the conference. I cannot hope to be comprehensive. Some of the papers will be published by Monash University Law Review next year and will thereby be more easily accessible.
Carruthers, David. Restorative Justice: A Judicial Perspective.
This document represents an address by David Carruthers, Chief District Court Judge of New Zealand, at the 2005 annual conference of Sacro. "Sacro" stands for "Safeguarding Communities – Reducing Offending." Sacro is an organization aiming to promote community safety in Scotland through high quality services to reduce conflict and offending. From his perspective and experience as a judge, Carruthers reflects on restorative justice theory and practice in general, restorative justice in New Zealand (history and development of restorative justice in youth and adult settings, and the practice of restorative justice), and some common criticisms of restorative justice.
Dzur, Albert W. Civic implications of restorative justice theory: Citizen participation and criminal justice policy
Restorative justice, a normative theory and reform movement emphasizing dialogue and reconciliation between victim, offender, and community, is a widespread, if experimental, part of the practice of criminal justice in the United States. This essay argues that restorative justice draws connections between civic engagement and punishment practices that distinguish it as a normative theory of criminal justice. Advocates of restorative justice expect the growth of non-punitive attitudes and the weakening of support for incarceration to emerge from a public and lay-oriented context of adjudication. The role of lay participation in achieving social change, although prominent in restorative justice critiques of mainstream criminal justice norms and practices, has not been clearly articulated in practical terms. Significant ambiguities remain regarding the degree of lay participation, scope of authority, and the focus of restorative justice forums. The essay argues that an adequate assessment of restorative justice experiments should include an analysis of their impact on public attitudes towards crime and crime control policy and not simply on their impact on the specific victims and offenders involved. The link between less incarceration and restorative justice forums is public willingness to grant them the authority to hear and sanction offenses that would ordinarily receive incarceration. Whether and how they can influence broader public attitudes, then, is a critical test of restorative justice effectiveness. Author's abstract.
Erbe, Carsten. What is the Role of Professionals in Restorative Justice?
Carsten Erbe begins his chapter with a rather bleak assumption that every movement eventually 'sells out' to the perspective that it once opposed. Put another way, every movement finally comes to a point where it no longer represents what it once claimed to be. Erbe fears that restorative justice, though still a young movement, is in danger of crossing this 'irresistible threshold.' Key to his assessment is his characterization of restorative justice as essentially a community-based movement in direct opposition to the large-scale, institutional, and professional way of dealing with conflict and wrongdoing. Erbe argues in this chapter that recent developments in the restorative justice movement manifest a sharp turning away from this core value, the principle that the community 'owns' the process, not professionals.
Friesen, Krista. Beyond punishment: Moving towards the application of conciliatory justice in the Canadian context.
Contending that the conventional criminal justice system inadequately deals with the results of crime, and even adds to the damage inflicted by crime, Friesen urges an alternative system of justice. In contrast to what she sees as the adversarial, retributive character of conventional justice, she proposes restorative justice as a better alternative. Friesen sketches theoretical underpinnings for both conventional criminal justice and restorative justice. Her emphasis is on facilitated discussion or mediation between victim and offender. As examples she looks at truth and reconciliation commissions in response to violence in various countries. Her aim is to develop a model of mediation that can be applied successfully in a Canadian context.
Howard Zehr on what restorative justice and revenge have in common
 
Huculak, Bria. From the Power to Punish to the Power to Heal
In this discussion of sanctions, Huculak maintains that Canada uses imprisonment as a sanction second only to the United States of America in the western world. From its inception, imprisonment as a means of punishment for socially disapproved behavior has been a topic of concern and reform movements. Yet the prisons remain intact with greater numbers being built to meet the demand. The use of imprisonment as a legal sanction has a very complex conceptual base that is closely tied to the function and the purpose of law. The way a society deals with offenders has varied historically with diverse motivations: punishment; deterrence (both individually and general); retribution; the protection of society; incapacitation; humanitarianism; reform; treatment and rehabilitation. There is no consensus among contemporary authors as to the aims of legal sanctions. The philosophy of punishment has been described as a controversial, almost political subject. No doubt the concepts and methods used in dealing with offenders are interrelated and linked to the underlying view of crime and the criminal (free will vs. determination) which is bound up with the view of humans in the nature of society, culture, values and economics which are reflected in the law and other mechanisms of social control. Huculak goes on to discuss sentencing circles as an alternative to a punitive response to crime.
John Braithwaite video introduction to restorative justice
John Braithwaite is a leader in restorative justice (and in many other fields). He teaches at Australian National University which has now posted an 18 minute video in which he explains the basic theories and applications of restorative justice. It is well done, and is presented in segments, which means it can be used in whole or in part.
John Howard Society of Alberta. Restorative Justice
In this report, the John Howard Society of Alberta argues that restorative justice offers an alternative to Canada's current punitive justice system, which is unable to reduce crime rates and which manifests a lack of concern for crime victims. The restorative justice process involves the offender, the victim and the community in negotiations and dialogue aimed at restitution, reconciliation and restoration of harmony. Canada's current justice system, relying heavily on incarceration and punishment, does not rehabilitate offenders, deter others, or compensate victims. Restorative justice models lower costs associated with incarceration, provide the victim with a sense that justice was served, provide the offender with the feeling that the legal process has treated him or her fairly, address victim-offender relations, and make the community aware that it has a responsibility to the offender, victim, and justice system.
Johnstone, Gerry. How, and in What Terms, Should Restorative Justice be Conceived?
What is restorative justice? This is the question Gerry Johnstone asks at the beginning of his chapter in Critical Issues in Restorative Justice. Proponents advance a variety of ideas about the nature, scope, and aims of restorative justice. Most advocates construe it as an innovative way to understand and respond to crime, delinquency, and perhaps bullying. Some, however, sketch out a much more ambitious significance for the theory and application of restorative justice in society at large. To answer the question of what restorative justice is, Johnstone suggests that it is better to seek first what it is in the arena of criminal justice. Following this it may be possible to pursue the meaning of restorative justice in the wider sphere of society in general. With all of this in mind, Johnstone examines different perspectives on the nature of restorative justice even within the narrower scope of criminal justice. Then he discusses the question whether restorative justice is basically an alternative approach within criminal justice or is more broadly and perhaps more fundamentally an alternative life ethos.
Joseph, Christina. Philosophical, Religious and Contemporary ideas in the evolution of Justice
Christina Joseph prepared this document as a briefing paper for participants in a dialogue hosted by the Asia-Europe Foundation in 2004. As the title indicates, she surveys philosophical, religious, and contemporary ideas that cluster over time around the concept and pursuit of justice. She begins with an introduction to the concept of justice. This leads to a summary of major philosophical treatments of justice from Plato to Rawls. Joseph looks next at religious conceptions of justice in Confucianism, Buddhism, Judaism and Christianity, and Islam. Turning then to contemporary ideas about justice, she sketches the main systems of law in the world today, as well as current debates on social organization and justice. With emphasis on restorative justice, crime and social control, police and community, and global changes, Joseph concludes with a discussion of contemporary influences and future developments in the implementation of justice.
Just what does restorative justice restore?
from the entry by TheJusticeofthePeace: Whenever a country is governed in a manner at odds with the rule of law even if its government has been honestly or dishonestly elected inevitably the word[s] used to describe it is police state. This is no idle figure of speech. The phrase tells it as it is. Police as the civilian arm of law and order provide the trigger finger of a government when force is required. There is virtually nothing which more disturbs the democratic underbelly of a country like ours as the use perceived or actual of excessive or unlawful force by police. The G20 demonstration and its aftermath were proof if proof were needed. The bussing in of massive numbers of police during the miners` strike of 1984/5 is to this day a rallying cry for militant socialism. The authority of the legal process as understood by the majority law abiding population has been fatally undermined eg by the blatant and admitted use of speed cameras as revenue raisers as compared to their proponents vain and repeated assertions of their primary function as essential requirements for road safety. CCTV cameras being employed for all manner of dubious purposes to the detriment of individual privacy far in excess of their sometimes dubious assistance in deterring criminal activity are another example of judge, jury and sentence by rote. All this can be encapsulated by the wide ranging powers of apprehension, judgement and sentence represented by the use of tens of thousands poorly educated, poorly paid and often poorly trained uniformed individuals to police our towns and cities where once upon a time a real police officer did the job usually with good humour, honesty and a great deal of tact when the culprit was obviously committing a minor misdemeanour and not by any stretch of the imagination a criminal offence by any other term.
Kaptein, Hendrik and Malsch, Marijke. Crime, Victims, and Justice. Essays on Principles and Practice
This collection of essays has its origins in a conference called "Restorative Justice: Criminal Justice for Victims?" The conference was held in Amsterdam on 1 December 2000. Representing various fields - including law, psychiatry, philosophy, and the social sciences - the speakers at the conference were prominent scholars from Canada, the United Kingdom, and The Netherlands. This book contains updated editions of key papers from the conference, along with additional essays written specifically for inclusion in this volume. The central topics of the conference and the book are restorative justice, its relationships to current criminal justice systems, and its possible benefits for victims and offenders. More specifically, essays deal with a number of issues concerning victims of crime, issues such as victims' rights and needs, satisfaction for victims, compensation for victims, open justice, and punishment and retribution in relation to reparation. The contributors span a range from strong proponents of restorative justice to those who find the introduction of restorative justice into criminal justice processes problematical in significant ways.
Mantle, Greg and Dhami, Mandeep K and Fox, Darrell and Dhami, Mandeep K. Restorative Justice and Three Individual Theories of Crime
The conceptual relationship between restorative justice and punishment has already attracted a great deal of attention in the literature. A similarly rich body of work has considered the two main aims of punishment, retributivism and reductivism, in relation to criminological theories. It is surprising, therefore, that relatively little (direct) attention has been paid to the relation between restorative justice and theories of crime. This paper first reviews the concept of restorative justice, and then examines the affinities and tensions between restorative justice and three 'individual' criminological theories: classicism, individual positivism, and 'law and order' conservatism. These theories have been selected because of their significance in the development of present criminal justice policies. Author's abstract.
Marshall, Chris. Justice Grounded in Reality: The 2001 Ron Wiebe Award Ceremony Address.
Chris Marshall is a New Testament scholar. On November 23, 2001, he presented this address on restorative justice at the Ron Wiebe Award Ceremony at an event in Kingston, Ontario, sponsored by the Queen's Theological College and the Correctional Service of Canada. In his address, Marshall began with a comparison of restorative justice efforts in New Zealand and Canada. This led to his exploration of three key issues: what is meant by "restorative justice"; what distinguishes restorative justice from retributive justice; and what makes restorative justice a viable alternative to retributive justice. Integral to this exploration is Marshall's application of Christian truth claims about God, Jesus, and the nature of created reality (including human existence) to the meaning and practice of restorative justice.
McCold, Paul. Toward a Mid-Range Theory of Restorative Criminal Justice
According to Paul McCold, the practice of restorative justice is older than state justice, yet only recently has restorative justice been articulated theoretically. However, after more than two decades of theorizing by many people, there is little agreement about what restorative justice is and what it is not. Hence, restorative justice has come to mean so many things that it is difficult to say what exactly it does mean in theory and practice. McCold steps into this confusion and offers a “puristâ€? model of restorative justice to clarify the principles of restorative justice. By “puristâ€? he asserts a model that has only elements of the restorative justice paradigm and no elements of the “obedienceâ€? (retributive/deterrent) or treatment paradigms. On this basis, he then develops a mid-range theory of restorative justice. By “mid-rangeâ€? he attempts a theory that does not explain all behavior but rather enough to encompass crime and wrongdoing and social responses to it. This leads to an analysis of stakeholders with respect to evaluation of the restorativeness of different models, and a typology to identify a continuum of practices from the partly to the fully restorative.
Mika, Harry and Zehr, Howard. A Restorative Framework for Community Justice Practice
Restorative justice has grown significantly in the past twenty years. Programs that use restorative justice perspectives and values are quite diverse in nature and wide-ranging around the world. Some are state-controlled and annexed to the formal justice system; others are community-based and comparatively independent of formal justice structures; many consist of a mixed model. Given all of this, restorative justice faces a number of risks: vague and careless use of the term to cover so many things that it becomes a meaningless term; subversion of restorative justice practices and aims within punitive or retributive perspectives, systems, and goals; and more. In this context, Mika and Zehr assert the need for clear articulation of the principles and values of restorative justice if it is to stay true to its vision and potential. They further contend that new measures must be developed to gauge the authenticity and impact of restorative justice. All of this requires dialogue and collaboration among victims, offenders, communities, and justice processionals. Hence, they seek to identify fundamental principles of restorative justice and to explore their implications for such critical dialogue.
O'Connell, Terry. Restorative justice for police: Foundations for change
O’Connell argues that current criminal justice systems do not work and that they must fundamentally change, with restorative justice providing the best hope.
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