NCJ Number
196414
Journal
British Journal of Criminology Volume: 42 Issue: 3 Dated: Summer 2002 Pages: 616-634
Date Published
2002
Length
19 pages
Annotation
After reviewing some of the issues that have arisen in established restorative justice practices (juvenile justice and minor offenses), this article examines its more controversial applications, i.e., in domestic violence and sexual assault cases, and examines the arguments for and against their suitability for restorative justice processes.
Abstract
The author notes that a significant problem remains unresolved for those who wish to extend restorative justice processes to gendered violence, such as domestic violence and sexual assault, along with other serious crimes. The problem is that the mainstream of social consciousness still views the formal criminal justice process as the primary means of demonstrating that society will not tolerate violence against its members. Even if the dispositions and processes of restorative justice programs can be shown to be more effective in reducing recidivism, there is still the societal demand for authoritative condemnation of violent and seriously harmful behaviors. The implementation of the restorative justice model in a broad way must take this problem into account. A resolution of the problem is possible by integrating expressive and instrumental functions, retribution and restorativeness, throughout the stages of the formal criminal justice system. At least some elements of restorative justice panels and conferences could beneficially be incorporated into formal proceedings. Both victims and offenders experience powerlessness under the constraints of what they are allowed to say and how they are allowed to say it in formal court proceedings, and often they do not understand what is being said by the attorneys. The more discursive processes of restorative justice would permit a better assessment of culpability on the part of the offender and a better appreciation of the harms to the victim that must be addressed in justice processes. Restorative justice could be more influential within formal criminal proceedings for serious crimes if it would accept the constraints of due process safeguards and standards such as proportionality and equitable treatment, along with outcomes perceived by mainstream society as just in relation to the severity of the crime committed. 53 references