Healing harms and engendering tolerance: the promise of restorative justice for hate crime

Abstract

This chapter explores whether restorative justice practices might have the potential to help to repair the harms caused by acts of hatred. It explores the potential efficacy of restorative justice practices in responding to hate crime, either as a diversionary measure or in addition to criminal sanctions. Retribution provides a clear rationale for hate crime laws, with proportionality the main justification: if hate crimes cause greater harm to victims and minority communities, and if they frustrate aspirations for harmonious multicultural societies, then punishments should be enhanced in order to reflect their seriousness. While legal scholars looked to legislation to tackle hate crime, criminological attention turned to the experiences and needs of victims and minority communities. Hate crimes can have dramatic emotional and physical effects on victims, their families and minority communities more generally. The government's response to this has been to enhance the punishment of offenders who demonstrate hostility based on the victim's race, religion, sexual orientation or disability.

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