Topic > Restorative Justice - 943

Restorative justice is an innovative approach to the criminal justice system that focuses on repairing the harm caused by crimes committed. The methods used in the conventional justice system may dissuade the offender from committing further crimes, but they do not repair the damage caused, nor do they help him to recognize his responsibilities, rather they stigmatize him, making the situation worse instead of better (Johnstone 2003). “Stigmatization is the kind of shame that creates the marginalized; it is disrespectful, humiliating” (p.85). It breaks the moral bonds between the offender and the community and can result in the creation of a destructive cycle that can result in fear and isolation. The shame resulting from stigmatization creates a negative effect that Braithwaite describes as a criminal subculture (Johnstone 2003). The work of John Braithwaite (2004) demonstrates that restorative justice methods can reduce crime compared to the conventional criminal justice process, through the use of theories such as , Reintegrative Shame Theory, Procedural Justice Theory, Unacknowledged Shame Theory and Challenge Theory. The theory of reinstated shame focuses on strengthening moral bonds between the offender and the victim. This theory of reinstated shame can be easily explained as offering shame in the context of approving the person but disapproving the act (Braithwaite 2004). Braithwaite (2004) explains that offenders, when taking part in conferences, tend to experience more remorse and forgiveness than offenders who undergo conventional judicial procedures. The theory of reinstated shame can be applied to many cases, from juvenile crimes to white-collar crimes. . It is important, however, to evaluate the connection between shame and... medium of paper...ullompton: Willan Publishing.Christie, N. (1977). “Conflict as Property”, British Journal of Criminology, volume 17 (1), pp.1-15. Zehr, H. (1985). “Retributive justice, restorative justice”. In Johnstone (2003) A Restorative Justice Reader: Texts, Sources, Context, (chapter 4, pp.69-82). Braithwaite, J. (2004) “Restorative justice: theories and concerns”. Paper presented at the 123rd International Senior Seminar, Tokyo, 14 January-13 February 2003. In Asia and the Far East Crime Prevention and Offender Treatment Institute (UNAFEI) (ed.) Resources Material Series No. 63 (pp. 47-56). Braithwaite, J. (1989). Crime, shame and reintegration. Cambridge: Cambridge University Press. Dignan, J. (2007) “The victim in restorative justice”. In Sandra Walklate (ed.) Handbook of Victims and Victimology (chapter 12, pp. 309-331). Cullompton: Willan.