Textbook Notes (363,507)
Canada (158,391)
Criminology (124)
CRM 102 (29)
Chapter 10


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Ryerson University
CRM 102
Scott Clark

Chapter 10: Restorative Justice Introduction: • Relatively new theoretical perspective • Draws upon wide range of concepts and trends • Provides holistic view of crime and society • Seeks to move away from a punitive model of justice and to reform/reshape our ways of thinking about crime Social Context: • Aim is to restore society to the way it was; appeals to the “golden age” • Argues that society requires a strong state that will assert its authority in a moral way • Law and order must take precedence over justice • Crime as a result of a breakdown in the societal moral fibre • Stress is on morality, liberty and authority • Retributivists have focused on sentencing • We must change the way we sentence people bc treatment is not working • Braithwaite and Pettit (1990) argued that a theory of CJ must cover a broad range of issues • Argued that retributivist theory doesn’t address questions like “what should be criminalized, what sentences should be imposed for given offences should be, etc” • Only focuses on sub-questions • We cannot simply focus on one part of the system- we must look at the system as a whole • Alternative theory proposed by Braithwaite and Pettit is known as republican theory • This may be considered a particular model of restorative justice • The causes of crime lie in a combination of social/psychological factors from the point of view of a republican • This is where an individual hasn’t learned the acceptance of social norms as being right and just • Response to crime is to utilize the least restrictive measures possible and to undo the wrong that has been committed • Republican response of crime bases itself on the concept of reintegrative shaming • Involves a process in which offender is shamed frothier action but not “cast out” as a person • Offender is publicly rebuked for the harm they’ve caused Historical Development: • Strong roots in aboriginal community and to social changes that occurred in Canada in the 1970s and 80s • Considerable debate about whether the adversarial model did/could lead to lower crime rates • Over representation of aboriginals in the prison system was another failure that limits the justice system for them • Crime against an individual has an impact on the whole community bc everyone is connected through relationships • Development of a social movement also led to restorative justice initiatives to deal with criminal behaviour • Restorative justice approaches aim to integrate the needs of both victims and offenders w/in the same system • To develop policies where the offender makes reparations for wrong doing • RJ sees crime as a violation of people and interpersonal relationships • RJ can be summed up in 3 interrelated propositions (1) Crime is fundamentally a violation of people and interpersonal relationships (2) Violations create obligations and liabilities (3) Restorative justice seeks to heal and put right the wrong Contemporary Examples:
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