Justice as restoration, justice as respect

Abstract

The causes of the “new retributivism” sweeping America may not be entirely clear but the consequences are becoming so: they include the creation of a massive “corrections‐industrial complex” with a built‐in incentive to expand. Yet this emphasis on punishment often teaches the wrong lesson, fails to hold offenders accountable and ignores victim needs. A variety of “new” responses to crime are addressing the problem of crime in more positive ways; these include Sentencing Circles, Family Group Conferences and Victim Offender Reconciliation. They suggest that the failures of justice lies in the concept itself, the “retributive” paradigm. A “restorative” approach is more in keeping with the needs of victims and offenders and with most cultural traditions. Ultimately, justice must be reframed as making peace, not a war on crime. Crime is essentially about disrespect; justice must be rooted in respect.

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