We suggest that a restorative justice critique of current retributive policy and practice may well be a starting point for the development of more just and more effective approaches to sentencing, both formal and informal, and to a more effective approach to reentry for currently incarcerated persons. While restorative justice principles acknowledge the debt owed by offenders to their victims and victimized communities, this is a debt met neither by inflicting harm on the offender nor by removing the offender's rights (...) as a citizen. As a different normative theory, the measure of justice in a restorative approach is the extent to which harm caused by crime is repaired. While restorative justice may therefore demand a lot of offenders, their supporters, and community members, it also provides for the opportunity for victim input and reparation. Most importantly, the normative theory of restorative justice provides a different currency of repair and healing that could begin to displace the currency of punishment that knows no limits. While a restorative metric would certainly have its own limits and guidelines, the metric of uniformity as the primary gauge of justice process could at least be supplemented with a metric of stakeholder participation, satisfaction, accountability, reparation, and peacemaking. (shrink)

Despite a wide range of restorative practices in use around the world, most recent research has been focused on one model, family group conferencing. In part due to the salience and appeal of Braithwaite’s reintegrative shaming theory, this important emphasis on the role of structured dialogue with family and intimates privileges an emotional connection that elicits reintegrative shame on the part of the offender, accompanied by group support. In this paper, I argue that reintegrative shaming as practiced in family group (...) conferencing in the youth justice context is based on a theory of “strong ties” associated with the extended families of Gemeinschaft societies. This important emphasis on the family/extended family unit as an affective focus, however, may have inadvertently diverted attention from the importance in Gessellschaft societies of “weak ties.” In modernity, such ties provide instrumental support that leads to connections that link offenders and victims to broader “bridging” relationships associated with social and human capital. This paper briefly considers two ostensibly “weak” restorative practices that effectively engage these broader connections for young offenders and families that may be fundamental to reintegration and other prosocial outcomes, while also mobilizing and strengthening the parochial controls and social support of neighbors and other adults. Ultimately, the sustainability of restorative justice will require an openness to practices that accomplish restorative goals, while also facilitating a more flexible, problem solving, and community-building focus. (shrink)