Restorative Justice and the Law: The Case for an Integrated, Systemic Approach (From Restorative Justice and the Law, P 168-190, 2002, Lode Walgrave, ed. -- See NCJ-199537)

• NCJ Number: 199546
• Author(s): Jim Dignan
• Date Published: 2002
• Length: 23 pages
• Sale Source: Willan Publishing
• Publication Format: Book (Softbound)
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This chapter identifies some weaknesses in restorative justice concepts and practices that obstruct its acceptance by traditional criminal justice institutions, and it makes a case for an integrated, systemic approach to justice procedures.

Abstract

This chapter argues against the tendency to equate restorative justice exclusively with a particular kind of informal dispute-resolution process, as well as against the tendency to adopt extreme and potentially damaging "civilian" or "communitarian" approaches to justice procedures. Overall, the author argues against a policy of attempting to separate a restorative system of justice from the regular criminal justice system. Instead, the author advocates being as much concerned about the promotion of restorative outcomes as the promotion of restorative justice processes. Concern about restorative outcomes must lead to the operation of restorative justice within and as a fully integrated part of the regular criminal justice system. The author envisions restorative justice precepts being used as a catalyst for reform of the entire criminal justice and penal systems. The promotion of restorative justice as a separate system from the regular criminal justice system will mean that it will operate on the margins of the entrenched traditional justice system in an intermittent and inconsistent manner. The power of restorative justice principles will only be realized when they become the basis for reform from within the existing core institutions of criminal justice. 28 notes