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Restorative Justice as Diversion?

Restorative Justice as Diversion?. Based on Lode Walgrave (2008), Restorative Justice, Self-interest and Responsible Citizenship , Cullompton (UK): Willan Publishing. Why diversion?. Why subsidiarity? Deliberate infliction of pain must be avoided Justifications for penal justice

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Restorative Justice as Diversion?

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  1. Restorative Justice as Diversion? Based on Lode Walgrave (2008), Restorative Justice, Self-interest and Responsible Citizenship, Cullompton (UK): Willan Publishing

  2. Why diversion? • Why subsidiarity? Deliberate infliction of pain must be avoided • Justifications for penal justice - Retributivist theories - Instrumentalist claims • If we can find a way to respond to crime which avoids deliberately inflicting pain and has no worse results, this way is to be choosen.

  3. Diversion • Ethical reasons • Labeling theory • Problems with diversion - A Negative concept - Net widening - Limits to diversion • Four criteria • Legal safeguards • Reposition the victim • Reintegrative for the offender • Promoting social peace an cohesion

  4. Divergence among Rj advocates • Diversionists Preserve the genuine deliberative process against any state intervention • “Maximalists” Include possible (juridical) coercion in a RJ concept

  5. A pyramid of restorative law enforcement • Earlier pyramids by Braithwaite and by Dignan

  6. Pyramid of restorative enforcement Conflict regulation in community

  7. Pyramid of restorative enforcement Restorative justice processes Conflict regulation in community

  8. Pyramid of restorative enforcement Judicial reparative sanctions Restorative justice processes Conflict regulation in community

  9. Pyramid of restorative enforcement Confinement Judicial reparative sanctions Restorative justice processes Conflict regulation in community

  10. A responsive system • The possibility to increase gradually pressure and coercion must be provided. • Rule of law must « percolate down » into restorative processes (Braithwaite) • Principles of restorative justice must « bubble up » into the criminal justice system (Braithwaite)

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