Restorative Justice

Restorative justice is an innovative approach to the criminal justice system that focuses on repairing the harm caused by crimes committed. The methods used in the conventional justice system may deter the offender from committing further crimes, but it does neither repair the harm caused, nor help them acknowledge their responsibility, instead it stigmatises them, worsening the situation instead of improving it (Johnstone 2003). “Stigmatisation is the kind of shaming that creates outcasts; it is disrespectful, humiliating” (p.85). It breaks the moral bonds between offender and community and can result in the creation of a destructive cycle that may result in fear and isolation. The shaming by stigmatisation creates a negative effect which Braithwaite describes as a criminal subculture (Johnstone 2003).

John Braithwaite’s (2004) work demonstrates that restorative justice methods can reduce offending when compared to the conventional criminal justice process, through the use of theories such as, Re-integrative Shaming Theory, Procedural Justice Theory, Unacknowledged Shame Theory and Defiance Theory.

Re-integrated Shaming Theory focuses on the strengthening of moral bonds between the offender and the victim. This re-integrated shaming theory can be easily explained as offering shame in the context of approving the person but disapproving the act (Braithwaite 2004). Braithwaite’s (2004) explains that offenders, when taking part in conferences, tend to feel more remorse and forgiveness than offenders that go through the conventional court procedures.

Re-integrated Shaming Theory can be applied to many cases from juvenile offending through to white collar crimes. It is important however, to weigh up the connection between shame a...

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Christie, N. (1977). “Conflicts as property”, British Journal of Criminology, Volume 17 (1), pp.1-15.

Zehr, H. (1985). “Retributive justice, restorative justice”. In Johnstone (2003) A Restorative Justice Reader: Texts, Sources, Context, (chapter 4, pp.69-82).

Braithwaite, J. (2004) “Restorative justice: theories and worries.” Paper presented at the 123rd International Senior Seminar, Tokyo, 14 January-13 February 2003. In Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI) (ed.) Resources Material Series No. 63 (pp. 47-56).

Braithwaite, J. (1989). Crime, Shame and Reintegration. Cambridge: Cambridge University Press.

Dignan, J. (2007) “The victim in restorative justice.” In Sandra Walklate (ed.) Handbook of Victims and Victimology (chapter 12, pp. 309-331). Cullompton: Willan.