Since I began blogging about crime prevention, I have been fascinated by alternative sentencing plans, such as restorative justice or shaming. I do not think that we have found a perfect punishment for crime in incarceration, and I do believe that for some crimes, alternatives may prove to be more efficient (both in preventing recidivism and in simply costing less). So, you can probably imagine my excitement when I saw Doug Berman’s link to a new paper on the Social Science Research Network that brings to together “the now extensive literature on the varied arenas in which restorative justice is theorized and practiced.”
The paper, Restorative Justice: What Is It and Does It Work by Carrie Menkel-Meadow, is excellent in its breadth. Although I generally talk about shaming when I talk about restorative justice, Menkel-Meadow catalogs many forms of “restorative justice,” which she claims “is the name given to a variety of different practices, including apologies, restitution, and acknowledgements of harm and injury, as well as to other efforts to provide healing and reintegration of offenders into their communities.” She also catalogs many of the known uses of restorative justice, from apologies for petty theft to public narrations of genocide. Finally, and perhaps most valuably, Menkel-Meadow covers the promises, challenges, and results of restorative justice. Although the paper is certainly not a quick read, it’s worthwhile if you are interested in corrections, incarceration, and alternatives.
Restorative justice is interesting to me for several reasons, which the report has made it much easier to articulate. The goals seem to coincide with the goals of prevention—in a restorative justice program, the community is involved—restorative justice proceedings generally involve many of those affected by the crime, and everyone has a voice. The wrongdoer is punished, but the punishment keeps an eye on reintegration. Furthermore, the process is generally personalized, using expert guidance to target the process to the crime and the victim. Additionally, the focus is generally not on punishment, but instead on preventing future wrongs. Victims, too, in theory get a better shake; restorative justice looks to make them whole by allowing them to tell their story, find out from the offender why the crime occurred, receive an apology, and take part in the decision about punishment. In theory, it sounds wonderful, and its advocates claim that it reduces recidivism rates, which is a form of prevention, to me.
However, I try to be a rational skeptic. Reading the article, I was happy to see that “[t]he greatest claims for restorative justice … that it creates greater compliance with agreements or judgments, reduces imprisonment (and therefore costs to the system), provides greater satisfaction for both victims and offenders, and reduces recidivism—have all been substantiated in a variety of different studies.” However, reading further, the article claims that, in longer studies, “recidivism rates move closer together for restorative and convention criminal justice participants.” Additionally, I worry that any nonstandardized process, when given over to widespread practice, could feed on people’s innate desire for retribution instead of serving justice. In the end, the report has raised bigger questions for me than it answers. I look forward to more research, and I hope that my fears are not confirmed.