《RESTORATIVE JUSTICE IDEAS，VALUES，DEBATES》

1 Introduction1

2 Central themes and critical issues10

Introduction10

Core themes11

Differences which have surfaced in the move from margins to mainstream15

The claims of restorative justice: a brief examination21

Some limitations of restorative justice25

Some dangers of restorative justice29

Debunking restorative justice32

3 Reviving restorative justice traditions36

The rebirth of an ancient practice36

Pre-modern criminal justice37

The renaissance of native justice traditions43

Navajo peacemaking44

Can one characterise ancient and indigenous justice as restorative?47

Can one revive restorative justice traditions?49

Conclusion: did restorative justice ever die?59

4 Healing the victim62

Introduction62

The experiences and needs of victims64

The inadequacy of punitive justice for the victim67

Victim reforms70

Restitution from the offender74

Beyond restitution: restoring victims76

Restorative justice or ’clubbing together’?78

Using victims to rehabilitate offenders81

Paternalism towards victims83

Balancing the needs of the victim with those of society84

5 A restorative approach to offenders87

Introduction87

Restorative justice as an alternative to retributive justice88

Restorative justice as an alternative to treatment94

The goals and methods of restorative justice in relation to offenders95

An alternative to punishment or an alternative form of punishment?106

An alternative to treatment?111

6 Shame, apology and forgiveness114

Introduction114

Restorative cautioning115

The psychological routes of restorative conferencing116

The idea of reintegrative shaming118

Some questions about shaming123

Apology and forgiveness132

7 Mediation, participation and the role of community136

Introduction: handling criminal conflicts136

The rationale for the restorative justice process140

Achieving restorative goals141

Moral development and the strengthening of community144

The role of community151

8 The future of restorative justice161

Introduction161

Implementing restorative justice: the paths less likely163

The implementation of restorative techniques166

Restorative justice and the pattern of penal control169

The future of restorative justice research170

Appendix to chapter 3: the theological roots of judicial punishment172

References175

Index187