Although the fast-growing literature on restorative justice is extensive, and in some regards repetitive, there is still no consensus as to the nature and extent of applicability of the restorative notion. This article claims that the restorative movement is experiencing a tension between normative abolitionist and pragmatic visions of restorative justice. It proceeds to identify six conceptual fault-lines that characterize this tension. These do not only refer to various definitional positions, but also disagreements that negatively affect both the theoretical and practical development of restorative justice. These tensions also encourage a power-interest battle between different stakeholders within the restorative movement including practitioners, theoreticians, researchers and policy makers. To approach these controversies, there needs to be an acknowledgment of the multidimensional nature of the conceptual problem of restorative justice and the impact it has on its application. The article attempts to get to grips with this problem, and provide a common ground for the future development of restorative justice.
The application of restorative justice (RJ) with hate crime remains an underdeveloped field of research, policy, and practice. This article aims to advance the understanding of these two areas of inquiry: RJ and hate crime. It is known that while most hate incidents involve minor, punishable offenses, their impact can be long lasting and detrimental to victims and affected communities. The article investigates how RJ is conceptualized within the hate crime context. The findings are based on a 3-year research program, which combined theoretical analysis, literature review, and U.K.-focused field research that was carried out through a combination of qualitative methods. These included semistructured interviews with an expert sample of practitioners and policy makers as well as focus groups with young victims and offenders of hate incidents. Direct observation was also carried out with two RJ practices.
Restorative justice was reborn in the 1970s with a promise to provide a better sense and experience of justice, especially for those who are let down the most by the criminal justice system. And yet, despite well-evidenced disproportionality and race inequality issues within criminal justice institutions, restorative justice research and practice within the context of race are almost nonexistent. This article aims to unravel this paradox while looking at the scant extant literature to explore the alternative and more personalized restorative justice vision of “the other” and cultural differences. An expansive conceptual model that is aligned with the integrative nature of restorative justice is then posited for further pilots and research. The article warns that if restorative justice continues to ignore the challenges raised within a race equality context, the power structures inherent within our current structural framework of criminal justice will lead to its demise.
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