Restorative Justice: Ideas, values, debates

by Johnstone; Gerry

• ISBN13: 9780415672641
• ISBN10: 0415672643
• Edition: 2nd
• Format: Paperback
• Copyright: 2011-11-01
• Publisher: Routledge

Summary

Restorative Justice is one of the most talked about developments in the field of crime and justice. Its advocates and practitioners argue that state punishment, society's customary response to crime, neither meets the needs of crime victims nor prevents reoffending. In its place, they suggest, should be restorative justice, in which families and communities of offenders encourage them to take responsibility for the consequences of their actions, express repentance and repair the harm they have done. First published in 2002, Restorative Justice: Ideas, Values, Debatesis renowned worldwide as an accessible, balanced and invaluable analysis of the argument that restorative justice can provide an attractive alternative to traditional responses to crime. The second edition includes a new chapter identifying and analysing fundamental shifts and developments in restorative justice thinking over the last decade. It suggests that the campaign for restorative justice has not only grown rapidly in the last decade, but has also changed in its focus and character. What started as a campaign to revolutionise criminal justice has evolved into a social movement that aspires to implant restorative values into the fabric of everyday life. This new edition explores the implications of this development for restorative justice#xE2;#xAC;"s claim to provide a feasible and desirable alternative to mainstream thinking on matters of crime and justice.

Author Biography

Gerry Johnstone is Professor of Law at the University of Hull, UK, where he has taught since 1989. He is best known for his work analysis the ideas, values, debate (Willan, 2002), editor of A Restorative Justice Reader (Willan, 2003) and co-editor with Daniel W. Van Ness of Handbook of Restorative Justice (Willan, 2006).

Table of Contents

Preface to the second edition	p. ix
Preface to the first edition	p. xi
Introduction	p. 1
Central themes and critical issues	p. 9
Introduction	p. 9
Core themes	p. 10
Differences which have surfaced in the move from margins to mainstream	p. 13
The claims of restorative justice: a brief examination	p. 18
Some limitations of restorative justice	p. 21
Some dangers of restorative justice	p. 25
Debunking restorative justice	p. 27
Reviving restorative justice traditions	p. 30
The rebirth of an ancient practice	p. 30
Pre-modern criminal justice	p. 31
The renaissance of native justice traditions	p. 35
Navajo peacemaking	p. 37
Can one characterise ancient and indigenous justice as restorative?	p. 39
Can one revive restorative justice traditions?	p. 40
Conclusion: did restorative justice ever die?	p. 48
Healing the victim	p. 51
Introduction	p. 51
The experiences and needs of victims	p. 52
The inadequacy of punitive justice for the victim	p. 55
Victim reforms	p. 58
Restitution from the offender	p. 61
Beyond restitution: restoring victims	p. 62
Restorative justice or 'clubbing together'?	p. 64
Using victims to rehabilitate offenders	p. 67
Paternalism towards victims	p. 68
Balancing the needs of the victim with those of society	p. 69
A restorative approach to offenders	p. 72
Introduction	p. 72
Restorative justice as an alternative to retributive justice	p. 73
Restorative justice as an alternative to treatment	p. 77
The goals and methods of restorative justice in relation to offenders	p. 79
An alternative to punishment or an alternative form of punishment?	p. 88
An alternative to treatment?	p. 92
Shame, apology and forgiveness	p. 94
Introduction	p. 94
Restorative cautioning	p. 95
The psychological routes of restorative conferencing	p. 95
The idea of reintegrative shaming	p. 97
Some questions about shaming	p. 101
Apology and forgiveness	p. 109
Mediation, participation and the role of community	p. 112
Introduction: handling criminal conflicts	p. 112
The rationale for the restorative justice process	p. 115
Achieving restorative goals	p. 116
Moral development and the strengthening of community	p. 118
The role of community	p. 124
The future of restorative justice	p. 133
Introduction	p. 133
Implementing restorative justice: the paths less likely	p. 134
The implementation of restorative techniques	p. 137
Restorative justice and the pattern of penal control	p. 139
The future of restorative justice research	p. 140
The developing character of restorative justice	p. 142
The growth of the campaign for restorative justice	p. 142
The shifting focus of the campaign	p. 143
The meaning of 'restorative justice'	p. 154
Conclusion: restorative justice as a complex set of teachings	p. 157
Appendix: The theological roots of judicial punishment	p. 160
References	p. 163
Index	p. 176
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