CRM 102 Lecture Notes - Lecture 8: List Of Civilisations In The Culture Series, Adversarial System, Reprobation
5 Jun 2018
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Restorative Justice
Social Context:
● Restorative justice is a relatively new perspective with foundations in a social movement
critical of the conservatism and punitiveness of the last two decades.
● Counter movement to the failure of deterrence by punishment
● De-emphasizes punishment
● Many conservatives claimed (and continue to claim) treatment, rehabilitation, and
preventive measures in CJ do not work and are sometimes unjust.
○ Retributivists called for a “just deserts” approach (offenders get what they
deserve).
● One reason the conservatism emerged - Martinson (1974) wrote an influential article
arguing rehabilitation does not work (“nothing works”).
● Resurgence in rational choice assumptions place the blame for wrongdoing on
individuals and their choices (Garland 2001; Tonry 2013).
Defining Restorative Justice:
● There is not a singular agreed upon definition restorative justice.
● Overall, RJ is seen as an alternate modality of doing justice that de-emphasizes
punishment in favour of the reparation of harms within a context of community support
and accountability for both the person harmed and the wrongdoer.
Restorative Justice is a Reparative Conceptualization of Doing Justice:
● There are debates about how restorative justice is best conceptualized, with three
conceptions at the forefront of discussions (Aertsen 2013).
○ The encounter
○ The outcome
○ The transformative perspectives
The Encounter Perspective:
● The focus is on the engagement and mode of deliberation among stakeholders (Marshall
1996; Elliott 2002).
○ Sometimes involves a conferencing circle, involves the offenders, the victim and
the community
● Restorative justice is rooted in the respectful, value-based encounter, where shared
community values such as respect, equality and inclusion are modelled.
The Outcome Based Perspective:
● Others focus on the objectives of reparation and/or restoration: “…at a minimum,
restorative justice requires the involvement of victims, offenders and communities in
processes where the harms and needs experienced by victims are prioritized and
offenders are held accountable to put right those harms (Zehr 2002, 25).
The Transformative Perspective:
● This perspective focuses on the obligations ensuing from the enablement of reparative
social connections in the process and challenges to systems of oppression (Morris and
Gelsthorpe 2000; Morris 2002).
● It is hopeful about the potential for ‘communities of care’ to deal with wrongdoing
decisively and effectively through change at the community level.
● Parallel Justice System- can have the Criminal Justice that deals with certain issues and
have the Restorative Justice System deal with other issues
● Diversion and circle sentencing
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Restorative Justice
Two Leading Theorists about Restorative Justice:
● John Braithwaite - Shame as an informal modality of social control has the capacity to
be more effective than formal institutions because the judgment of family and friends
matters more to a wrongdoer than punishment or wider social disapproval.
○ Republican theory and restorative process and reintegratie shame
○ Not just leaving people in a state of shame but reintegrating them while shaming
them is shown to be effective
● Howard Zehr- restorative justice offers new principles for prioritizing reparation over
punishment, rather than offering the opposite of retribution or an alternative to prison.
○ Important thing about restorative justice is that it prioritizes reparation
Republican Theory (Braithwaite and Pettit 1990):
● Republican theory challenges the retributivist perspective and goal-oriented approaches
like utilitarianism.
● Theories that single out subsystems (such as policing, prosecution, or punishment) may
miss interactions that connect them.
● The criminal justice system needs to be seen as a complete entity; a holistic approach is
necessary.
Republican Theory--Concept of Dominion:
● Robust social freedom is only achievable through a well-governed state.
● Connects individuals as citizens.
● Full dominion achieved through equal opportunity for liberty and a common knowledge
about this condition.
Republican Theory--Policy Presumptions:
1. Parsimony:criminalization is costly and should be minimized.
○ Labelling theory, not be so quick to use this as a solution to social problems
2. Non-invasiveness:penal powers should not be overly invasive.
○ Shouldn’t be used too much
3. Reprobation:justice should convey a shaming, moralizing message.
○ Don’t leave the offender being an outsider, maintain their freedom
4. Reintegration:offenders must not become outcasts as this infringes on their dominion
and threatens the dominion of others.
Republican Theory--Reintegrative Shaming:
● A process whereby the offender is publicly rebuked for the harm he or she has caused,
but is then forgiven and reintegrated into society.
● As part of the reintegrative shaming process, the victim is directly involved in
proceedings and can be compensated for the harm done.
● Focus on maximizing personal dominion for the victim.
Enforcement Pyramid to Respond to Violence Against Women by Men (Daly and Braithwaite
1994):
● A process whereby the offender is publicly rebuked for the harm he or she has caused,
but is then forgiven and reintegrated into society.
● As part of the reintegrative shaming process, the victim is directly involved in
proceedings and can be compensated for the harm done.
● Focus on maximizing personal dominion for the victim.
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Restorative justice is a relatively new perspective with foundations in a social movement critical of the conservatism and punitiveness of the last two decades. Counter movement to the failure of deterrence by punishment. Many conservatives claimed (and continue to claim) treatment, rehabilitation, and preventive measures in cj do not work and are sometimes unjust. Retributivists called for a just deserts approach (offenders get what they deserve). One reason the conservatism emerged - martinson (1974) wrote an influential article arguing rehabilitation does not work ( nothing works ). Resurgence in rational choice assumptions place the blame for wrongdoing on individuals and their choices (garland 2001; tonry 2013). There is not a singular agreed upon definition restorative justice. Overall, rj is seen as an alternate modality of doing justice that de-emphasizes punishment in favour of the reparation of harms within a context of community support and accountability for both the person harmed and the wrongdoer.
