Critiquing the Critics: A Brief Response to Critics of Restorative Justice

Crime seriousness and participation in restorative justice: The role of time elapsed since the offense.

“…For instance, a recent study focusing on the current restorative justice programs embedded in the criminal justice system in Australia (Larsen, 2014), revealed that in recent years an 'upwardly directed' development has taken place: mediation is increasingly offered to adult offenders as well as after serious offenses (e.g., murder, sexual violence, or family violence). In addition, Morris (2002) concludes that restorative justice programs in New Zealand are used especially for problematic, persistent juvenile offenders, and adult offenders who Running head: CRIME SERIOUSNESS AND RESTORATIVE JUSTICE 6 commit serious offenses (e.g., aggravated assaults, threats to kill, or burglaries; see Maxwell and Morris, 1993;Maxwell et al, 1999). Morris (2002) argues that such a focus on serious cases is what many advocates of restorative justice propose: given the positive impact mediation can have and the often scarce resources available to organize it, it should especially be offered after more serious offenses.…”

“…In addition, Morris (2002) concludes that restorative justice programs in New Zealand are used especially for problematic, persistent juvenile offenders, and adult offenders who Running head: CRIME SERIOUSNESS AND RESTORATIVE JUSTICE 6 commit serious offenses (e.g., aggravated assaults, threats to kill, or burglaries; see Maxwell and Morris, 1993;Maxwell et al, 1999). Morris (2002) argues that such a focus on serious cases is what many advocates of restorative justice propose: given the positive impact mediation can have and the often scarce resources available to organize it, it should especially be offered after more serious offenses.…”

Rethinking Prison Disciplinary Processes: A Potential Future for Restorative Justice

“…Wood (2015) argues that this marginalization of RJ accounts for why restorative practices have not successfully reduced the use of incarceration even in those countries where RJ is widely institutionalized as an alternative to traditional justice. Worse, the focus on first-time offences and misdemeanors raises the specter that RJ practices are contributing to net-widening in criminal justice, increasing rather than decreasing the reach of the justice system (but see Morris, 2002;Pritchard, 2010). Critics also suggest that at times restorative practices are used as "boutique" (Bazemore and Maruna, 2009, p. 379) showpieces to cover up or distract from wider justice practices that remain punitive, bureaucratic and clearly non-restorative in nature.…”

A Conditional Defense of Shame and Shame Punishment

“…For example, some have argued that "when individuals are shamed so remorselessly and unforgivingly that they become outcasts…it becomes more rewarding [for them] to associate with others who are perceived in some limited or total way as also at odds with mainstream standards" (Braithwaite 1989, 67). For this reason, I favor appealing to what is known as reintegrative shaming in the context of shame punishment (Braithwaite 2002;Morris 2002).…”