MIDTERM - Handout - Modern Roots of Restorative Justice

When did restorative justice reappear and why?

Late 1970s; due to critiques of the criminal justice systems, failures in fairness, effectiveness, and humanity

When did RJ become significant in policy and practice?

In the 1990s.

What main critique united all RJ roots?

The criminal justice system was punitive, exclusionary and failed to promote true peace or healing.

What was the earliest focus of the victims’ rights movement and how has it changed?

Promoting victims’ rights in opposition to offenders’ rights.

Focus shifted toward meeting victims’ social and personal needs.

What do victims advocates now support?

reparation, compensation and victim participation in justice processes.

Why are reparation and compensation preferred over punishment?

They produce more meaningful and satisfying outcomes for victims.

What academic field did prison abolition grow from?

Critical criminology.

What were Dr. Fattah’s critiques of punishment?

1. Ineffective.

2. Too expensive.

3. Treat people as means to an end.

4. Sometimes punishes victims indirectly

What did informal justice aim to prove?

Access and participation in the legal process.

Who was Nils Christie and what was his key idea?

criminologist; wrote “conflict as a property” (1977), arguing that CJS stole conflict from the people involved.

What does it mean that “conflicts are property”? What are the two consequences of this?

The state and professionals take ownership of disputes that belong to victims and offenders.

Parties are represented not directly involved, victims become “double losers”.

How can conflict be valuable?

It promotes norm clarification, social, cohesion, and reduces misunderstanding.

What is social justice?

Fair distribution of resources, opportunities, and responsibilities in society.

What values does social justice uphold?

Economic security, democratic participation, mutual respect, and environmental sustainability.

What does “justice as peacemaking” involve?

Conflict resolution, rehabilitation, cooperation, and social justice.

How has indigenous justice influence RJ?

1. Focus on repairing harm.

2. uses circles and conferences.

3. helped global acceptance of RJ theory.

Why is repairing harm central in indigenous practices?

It Restores balance and relationships instead of punishing.

Who coined “creative restitution”?

Albert Eglash (1975).

What does creative restitution mean?

Offenders make amends creatively, choosing how to repair harm within a guided framework.

What are the four requirements of guided restitution?

1. Active offender effort.

2. Constructive help to the victim.

3. Connection between restitution and harm.

4. Act Repairs damage.

What are the two traits of creative restitution?

1. The 2nd mile - going beyond minimal obligation.

2. Mutual help programs - emphasizing shared responsibility.

What is Gordon Bazemore’s “Earned redemption”?

Offenders earned reintegration through reparative acts.

What does communitarianism react against?

Fragmentation of postmodern societies.

What is the role of community in RJ?

Both the site and goal of restorative practices.

What is relational justice?

Justice focused on repairing relationships rather than enforcing punishment.