NCJ Number
232743
Date Published
2010
Length
21 pages
Annotation
This chapter examines whether restorative justice (RJ) practices have the potential to assist in repairing the harms caused by criminal acts infused with hatred for the victim because of his/her physical characteristics, beliefs, or sexual orientation.
Abstract
Before considering the potential of RJ in cases of hate crime, the chapter briefly presents the current criminal justice responses to the majority of hate crimes in the United Kingdom. For most hate crimes defined under British law, penalties are increased beyond the act itself when the motive is hate. This does little to repair the harms experienced by the victim or reform the offender's bigoted attitudes and behaviors. The chapter then describes the harms suffered by hate-crime victims. Hate crimes can have dramatic emotional and physical effects on victims, their families, and minority communities generally, increasing their sense of vulnerability to hostility and physical attack. The chapter then explores the potential of RJ to challenge prejudice and bigotry underlying hate crimes while repairing harms to victims and considering whether the vulnerabilities and power imbalances in hate-crime cases should preclude RJ conferencing. The case studies of RJ conferencing in hate crimes suggest that RJ meetings, if implemented sensitively and with careful thought, can help hate-crime victims to move on from their adverse experience and reduce feelings of fear, anger, and insecurity. RJ dynamics and content can also help offenders to better understand their prejudices and appreciate how their actions and attitudes can cause emotional and physical harm to others. The facilitation of structured dialog between victims and offenders, as well as their respective community representatives, allows for the emergence of new relationships between participants based on respect and mutual understanding. 11 notes and 50 references