Defining Restorative Justice

These articles address the question “What is restorative justice? They do so by proposing definitions or principles that make up a restorative response to crime.

Wozniak, John F. The Relevance of Richard Quinney's Writings on Peacemaking Criminology: Toward Personal and Social Transformation.

This chapter is divided into four parts. It begins with a discussion of how the peacemaking perspective has been conceived within the discipline of criminology and then identifies some of Quinney's writings that can be viewed as precursors or building blocks toward his development of a peacemaking criminology theoretical framework. The third part of this chapter shows that when Quinney's peacemaking criminology writings are examined together, it becomes apparent that he has provided many pertinent insights in regard to general peacemaking assumptions about crime, peacemaking ways to bring about personal and social transformation, and the role of the peacemaking criminologist as teacher, researcher, and policy-maker. The final part of this chapter explores future directions of peacemaking criminology in keeping with the work of Quinney and others who are building upon this area of study. (excerpt)

Presser, Lois and Hesselton, Denise and Gaarder, Emily. Imagining Restorative Justice Beyond Recidivism.

This article imagines what restorative justice might be and what it might accomplish, or fail to accomplish, if recidivism reduction were not an objective at all. In imagining a restorative justice that ignores recidivism, a paradox was found. If restorative justice programs are detached from the state, they can be most faithful to their foundational values, yet they also lose the capacity to change state institutions and public attitudes about crime and justice. The distance between restorative justice and state justice feeds the critical edge, the democratizing and humanizing potential of the former. Too much distance means restorative justice cannot transform formal justice. Restorative justice is in some ways more and in some ways less "itself" when it neglects the goal of crime control. Neglecting recidivism may undermine relationships between restorative justice programs and government agencies, insofar as the latter are chiefly concerned with offender management. In short, it is suspected that the more involved different constituencies get with restorative justice, the more they will accept and even appreciate the complexities and paradoxes that result from truly embracing the visual diagrams that depict that balancing of needs: victims, offenders, and communities. There is a power beyond recidivism reduction in restorative justice. While it may help an offender change course and desist from harmful action, it also appears to help victims "desist" from suffering and isolation, and to help communities "desist" from deterioration and apathy. Recidivism is an important objective of restorative justice programs. However, too much attention to recidivism may marginalize basic goals of restorative justice. In this paper, the prospects for restorative justice if recidivism rates of participating offenders were not monitored are speculated. (Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov).

Cordella, Peter and Tifft, Larry and Sullivan, Dennis. The Phenomenon of Restorative Justice: Some Introductory Remarks.

This article offers an overview of the restorative justice movement as it presently exists. It addresses not only the key elements of restorative justice theory and practice but also its unique dimension of "transformative justice." The relationship between restorative justice and social structure change is examined as well as the relationship between restorative justice and an emerging criminological perspective known as peacemaking criminology. (author's abstract)

Workman, Kim. Resolving Conflict and Restoring Relationships: Experiments in Community Justice within a New Zealand Faith-Based Prison

"This chapter explores the role of restorative justice in prisons, and the applicability of 'best practise' restorative justice principles and practices within an institutional setting. It also examines the implications of this model for prisoner family/whanau restoration, and victim-offender reconciliation. The paper concludes with a discussion on the implications of this model for the wider correctional system." (Abstract)

Monterosso, Stephen. Restorative Justice: A New Paradigm?

"This paper examines the merits or otherwise of restorative justice within criminal justice systems. The overpopulation of prisons remains a major global issue along with increasing rates of recidivism. In stark contrast to the punitive aims of traditional retributive justice systems that enforce a regime of punishment for offenders, the restorative justice approach promotes the repair of harm caused by an offence. The purpose of this article is to provide an overview of restorative justice in addition to examining potential barriers to its widespread application." (author's abstract)

. Restorative justice and victimology. Euro-Africa experiences.

The aims of this study are two fold: to contribute original evidence to international debate on victims' participation in restorative justice, and to contribute 'Afrocentric' knowledge to international literature and body of knowledge in restorative justice and victimology. The research considers the fundamental understanding of 'restorative justice' including the philosophical arguments in support of and/or against restorative justice model world wide. Consideration was also given to the evaluation of the historical development and evolution of this concept and the fundamental principles that have led to its popularity in recent times. The theoretical justifications for restorative justice initiative are highlighted. Anecdotal and empirical evidences in support of the practice methods, and victims' experiences of restorative justice around the world were also reviewed. (excerpt)

Pratt, John. Beyond Evangelical Criminology: The Meaning and Significance of Restorative Justice

This chapter discusses the meaning and significance of restorative justice as a concept with an expansive scope and range of intent. The author expresses that restorative justice has thus far been understood mainly on the basis of its outcomes, rather than on its goals and processes. Somehow this has caused restorative justice to become linked with evangelical criminology. This link has established restorative justice as a catch all phrase for actions made by faith-based organizations rather than portraying the concept based its core value, which the author identifies as a non-judicial investigative process that looks into criminal behavior without the typical stringent procedural and evidential rules.

Liebmann, Marian. Restorative justice- an overview

Aware that restorative justice is a comparatively new field, Marian Liebmann begins by clarifying basic concepts: the definition and principles of restorative justice; victim-offender mediation; reparation; and victim-offender conferencing. This leads to more detailed discussion of the benefits of restorative justice to various groups (victims, offenders, courts, and communities). Liebmann then surveys new legislation in the United Kingdom that promotes restorative approaches.

Bazemore, Gordon and Walgrave, Lode. "Restorative juvenile justice: In search of fundamentals and an outline for systemic reform."

The authors observe that support for restorative justice has converged with other emerging movements: the victims' movement; community-oriented policing; indigenous dispute resolution and justice; the women's movement; and critiques of just deserts perspectives and of traditional juvenile justice approaches. Hence, it is not surprising to find considerable ambiguity and even tension over core values and definitions in restorative justice. With all of this in view, Bazemore and Walgrave attempt to describe what is fundamentally common concerning the definition of restorative justice. They identify core principles or values of restorative justice. Then they apply these ideas and principles to juvenile justice to outline systemic reform of juvenile justice in terms of a restorative paradigm.

Braithwaite, John. "Assessing an Immodest Theory and a Pessimistic Theory."

For years this distinguished series has provided scholars and practitioners with timely, cross-disciplinary reviews of research on some of today's most pressing policy issues. Volume 25 includes articles by Jeffery A. Fagan and James Freeman on crime and work; John Braithwaite on restorative justice; Josine Junger-Tas and Ineke Haen Marshall on self-report methodology in crime research; Roger Lane on the history of murder in America; James B. Jacobs and Lauryn P. Gouldin on Cosa Nostra; Brandon C. Welsh and David P. Farrington on monetary costs and benefits of crime prevention programs; and Francis T. Cullen, Bonnie Fisher, and Brandon Applegate on public opinion about crime and the criminal justice system.

Claassen, Ron. Restorative Justice Principles

In a series of five articles, Claassen presents the 11 principles of restorative justice. According to the author, restorative justice primarily focuses on people, not procedures; crime is wrong; official actions should be reasonable, restorative, respectful; and the faith community can play important healing roles in response to crime.

Zehr, Howard and Mika, Harry. Fundamental Concepts of Restorative Justice.

The authors summarize key points in restorative justice theory and practice: crime is a violation of people and relationships; violations create obligations and liabilities; and restorative justice seeks to heal the wrongs.

Cuzzo, Maria Stalzer Wyant. The code of the peaceful warrior: A restorative justice response to recent events.

Following the terrorist attacks of 11 September 2001 in the United States, some asked Maria Cuzzo (lawyer, teacher, and practitioner of mediation and conflict resolution) about the possibilities of a mediation or restorative justice response to the events. Cuzzo therefore re-examines basic principles of restorative justice and tests their applicability in light of those attacks. Out of this she develops and states what she calls the "code of the peaceful warrior" rooted in restorative justice values and a vigorous commitment to working for peace.

Claassen, Ron. Accountability and Restorative Justice

This is one in a series of papers on basic principles of restorative justice. Claassen remarks that everyone agrees accountability is a central component in reducing crime, but people often mean different things. To help determine the meaning, he lists several criteria that indicate an offender is held accountable and accepts responsibility. Claassen also outlines an accountability process.

Claassen, Ron. "The J Scale: Measuring Restorative Justice."

This is one in a series of papers on basic principles of restorative justice. Noting and applauding a growing interest in restorative justice, Claassen cautions that the words may be used to describe many things that, in actions and outcomes, are not in fact restorative. Therefore, he provides a table with some continuums that can be helpful in evaluating and measuring actions and outcomes to determine if justice processes are actually implementing restorative justice.

Claassen, Ron. "The Myth of Redemptive Violence: Restorative Justice Challenges the 'Myth of Redemptive Violence

This is one in a series of papers on basic principles of restorative justice. In it Claassen refers to Walter Wink's assertion that our society's preferred response to violence is vengeance, which Wink labels as the "myth of redemptive violence" - the belief that violence is a necessary and appropriate response, and even healing for the victim, especially when administered by the state on a victim's behalf. Against this, Wink points out that Jesus rejected violence as a constructive way of responding to a wrong or injustice, and Wink helps us to understand that there are alternatives to violence

Claassen, Ron. "What Is Forgiveness?"

This is one in a series of papers on basic principles of restorative justice. Claassen claims that the biblical notion of forgiveness, which is a process, involves three key elements: recognizing the injustice (confession); restoring the equity (atonement); and clarifying future intentions (repentance).

Claassen, Ron. "What Is Restorative Justice? Restorative Justice 1.

This is the first in a series of papers on basic principles of restorative justice. In this the author asks whether "criminal justice system" is a good name. Does it describe the primary actors? Is it descriptive of what people do? He contends that the name is a problem - it is not helpful, and it is confusing. He then proposes that we change from "criminal justice system" to "restorative justice system" to clarify the purpose of the system, how it should operate, and provide a measure for its success.

Claassen, Ron. Restorative Justice Principles: 'Restorative Justice' Primary Focus on People, Not Procedures

In this article the author introduces a series of articles that originally appeared in the VORP newsletter of the Central Valley in California. (They were based on two presentations given by the author at the 1996 National Conference on Peacemaking and Conflict Resolution.) Noting similarities between the criminal justice system and discipline systems in schools, Claassen presents 11 principles of restorative justice that he claims would, if recognized and practiced, reduce violence and increase overall safety and cooperation.

Claassen, Ron. Restorative Justice - Fundamental Principles

As revised May 1996 at the UN Alliance of NGOs Working Party on Restorative Justice, this page presents 11 principles of restorative justice as identified by the author. It summarizes his longer descriptions in other sources, such as the 1995 July-November issue of VORP News, and his paper presented at the National Center for Peacemaking and Conflict Resolution in 1995.