Staging restorative justice encounters against a criminal justice backdrop

Abstract

Drawing from an ongoing evaluation of three major restorative justice schemes in England and Wales, the article employs a dramaturgical perspective to examine a number of process issues that arise when restorative justice processes are deployed within a criminal justice context. They include the rôle and identity of restorative justice facilitators, the locations for restorative justice encounters and associated matters relating to the values of privacy, openness and accountability.

Co-option, coercion and compromise: challenges of restorative justice in Victoria, Australia

“…Preparation plays an important role in successful RJ practice in terms of participants' 11 understanding (Barton, 2003;Dignan et al, 2007;Wallis, 2014) and their attitudes (Rossner, 2013). Yet despite its importance, preparation, especially for victims, is often compromised (Choi et al, 2012).…”

“…Yet conveners play various roles in the 'backstage' of the RJ practices, such as preparation or follow-up (Choi & Gilbert, 2010). These backstage roles are as important as their 'frontstage' roles, such as facilitation of dialogue between victims and offenders (Bruce, 2013;Dignan et al, 2007). Conveners are frequently involved in the whole RJ process from intake to outcome.…”

Legal Narratives, Human Trafficking and Slavery in Australia

“…7 Dignan et al have investigated the effect of the courtroom as a "stage," and applied it to restorative justice encounters. 8 This paper builds upon this work, applying narrative analysis to coronial reports. Coronial reports can be interpreted as a form of legal narrative, and a valuable source of information about the manner and cause of death, yet they are limited by the exercise of this specific jurisdiction and cannot be considered wholly comprehensive narratives of the experiences of people identified as victims of trafficking in NSW.…”

Front-Stage Stars and Backstage Producers: The Role of Judges in Problem-Solving Courts

“…Other research applies Goffman's (1959) dramaturgical perspective quite differently, focusing instead on organizational factors within courts such as decision-making, restorative justice practices, specialty courts and organizational reform (Bynum & Paternoster, 1984; Dignan et al, 2007; Miller & Johnson, 2009; Rose, Diamond & Baker, 2010; Thomas, Mike, Blakemore & Aylward, 1991). For example, Miller and Johnson (2009) use three years of observation data to describe front- and backstage within problem-solving courts.…”

“…Some argue that such practices are a criminal justice process that requires staging similar to a performance (Dignan et al, 2007). This research highlights the complexity of the performance by criminal justice actors in the front-stage, as they often fulfill multiple roles to represent the offender, victim and community simultaneously, as well as in the backstage, where measures must ensure that the front-stage performance aligns with the goals of restorative justice: fairness, inclusiveness and equality.…”