Vital Context of Restorative Justice (From Institutionalizing Restorative Justice, P 25-43, 2006, Ivo Aertsen, Tom Daems, and Luc Robert, eds., -- See NCJ-213972)

• NCJ Number: 213974
• Author(s): Hans Boutellier
• Date Published: 2006
• Length: 19 pages
• Sale Source: Willan Publishing
• Publication Format: Book Chapter
• Publication Type: Issue Overview
• Language: English
• Country: United Kingdom

Annotation

The author examines the ability of restorative justice (RJ) practices to provide an effective response to the contemporary problems of high crime rates and the widespread fear of crime.

Abstract

RJ is examined as a solution to the traditional criminal justice system’s inability to respond effectively to the crime problem. The author argues that as people’s “vital drive” for personal freedom becomes more pronounced, there will be a simultaneous and increasing cry for public safety, creating a tension between the desires for maximum freedom and maximum security from crime. It is within this context that RJ offers a solution as well as a moral appeal in an increasingly global society. Much of the author’s arguments are based on David Garland’s 2001 book entitled, “The Culture of Control: Crime and Social Order in Contemporary Society.” In this book, 12 symptoms of the culture of control are identified, which are briefly described here: the decline of the resocialization ideal, the reappearance of punitive sanctions and expressive criminal justice, changes in the emotional tone of policies on crime, the return of the victim, the protection of the public, the popularization and politicization of the crime problem, the rediscovery of the prison, the transformation of criminological thinking, the growing infrastructure of crime prevention and local safety, the rise of citizen surveillance, new management styles and work forms, and a permanent sense of crisis. In the 1990s, crime was transformed into a public security issue, spurring western nations across the globe to prioritize security. This development transformed the criminal justice system into a risk-oriented model with a multi-agency approach, all of which is fueled by the emotional experience of victimization. The author illustrates the decentralized nature of an RJ approach by likening it to a soccer team with defensive and front lines. In closing, it is stressed that in a morally complex society, the best option for criminal justice is mediation between the parties involved in the conflict. Notes, references