CRM 1300 Lecture Notes - Lecture 20: Left Realism, Restorative Justice, Penology

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6 Feb 2016
Department
Course
Professor
Restorative Justice
New Thinking and Practices in Justice
- Justice as rebalancing relationships and restoring harmony rather than imposing
punishments and repairing individuals; nor controlling aggregate risks
- Complete alternative to conventional criminal justice - not merely an <<add on>> ; also
nothing like the negative version of the new penology
- progressive version of new penology
- Future oriented and seeks to manage future harm but in much more humane form
(gentler)
-outside of western experience → gentler wave was experienced
-The Orient → everyone other than western system → restorative justice
system was normal way of restoring justice in aboriginal communities
Mechanisms:
- Victim offender mediation
-Family group conferencing → more radical than VOM
-Circle-sentencing and broader Peace conferences → even more radical →
works better in poor communities because less institutional architecture/
footprint of the state in those communities → less trust in CJS so this is good
alternative mechanism
→ Left Realism would love state funding into the communities and pay
people to do this to build community capacity → RESTORATIVE JUSTICE =
LEFT REALISTS LOVE IT
Critiques of Restorative Justice
- Difficulty in defining community: who should be included?
- Potential for tyranny of the majority or of some powerful minority
- Potential for inappropriate practices
Is the Market Always Evil?
- restorative justice can in some radical incarnations be thought of as <privatizing> justice
in such a fashion as to extend the benefits of the market to the world’s poor and
marginalized classes
- One can therefore see restorative justice as part of a program of social transformation in
which we literally rebuild the types of society we would like to live in - left realistics would
LOVE this approach
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