Restorative Justice: What Is It and Does It Work?

Abstract

This article reviews the now extensive literature on the varied arenas in which restorative justice is theorized and practiced-criminal violations, community ruptures and disputes, civil wars, regime change, human rights violations, and international law. It also reviews-by examining empirical studies of the processes in different settingshow restorative justice has been criticized, what its limitations and achievements might be, and how it might be understood. I explore the foundational concepts of reintegrative shaming, acknowledgment and responsibility, restitution, truth and reconciliation, and sentencing or healing circles for their transformative and theoretical potentials and for their actual practices in a variety of locationsfamily abuse, juvenile delinquency, criminal violations, problemsolving courts, indigenous-colonial-national disputes, ethnic and religious conflicts, civil wars, and liberation struggles. Restorative justice, which began as an alternative model of criminal justice, seeking healing and reconciliation for offenders, victims, and the communities in which they are embedded, has moved into larger national and international arenas of reintegration in political and ethnic conflicts. This review suggests that there are important and serious questions about whether restorative justice should be supplemental or substitutional of more conventional legal processes and about how its innovations suggest potentially transformative and challenging ideas and "moves" for dealing with both individual and group transgressive conduct, seeking peace as well as justice. 10.1

A voice for change? Trust relationships between ombudsmen, individuals and public service providers

“…Originating in the criminal justice context, restorative justice is taken here to emphasise the relationships of actors and the importance of collective engagement in a system of repair, to a different context. Hence, the paper makes use of restorative justice as 'more of an idea, philosophy, set of values, or sensibility than a single concrete uniform set of practices or processes' (Menkel-Meadow, 2007). There are challenges that come with borrowing a concept that is used more often in criminal justice to the administrative justice setting.…”

Exploring community protection

“…Properly and consistently defining recidivism is important to maintain validity and not doing so will affect apparent recidivism rates (Bergseth & Bouffard, 2007;Hayes, 2005;Menkel-Meadow, 2007). Since the recidivism net 'widens with broader definitions' (Lemmon et al, 2012, p. 15) (e.g.…”

Too many lawyers? Or should lawyers be doing other things?

“…20 In the United States, the 'ADR' concept spread also to governmental decision making and policy formation, as trained facilitators managed complex rule and regulation drafting in 'negotiated rule-making' processes or 'reg-neg' (Harter, 1982) or what are now called 'consensus building processes' (Susskind et al, 1999;but see MenkelMeadow, 2011b). Even in the binary world of criminal justice (guilt/innocence; punishment or freedom) these new processes were harnessed to the reform seeking efforts of social workers, probation officers, creative judicial officials 21 and others who looked for 'restorative' justice to reintegrate offenders with their communities and to provide some restitution or emotional relief for victims (Menkel-Meadow, 2007a). This latter movement for restorative justice in criminal law also helped contribute both the theory and practice for the development of new processes and institutions in international law [including the new field of 'transitional justice' (Teitel, 2002) in postconflict settings, both between and within countries].…”