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Reintegrative Shaming and Restorative Justice -- Interchangeable, Complementary or Different?

NCJ Number
172650
Journal
European Journal on Criminal Policy and Research Volume: 4 Issue: 4 Dated: (1996) Pages: 67-85
Author(s)
L Walgrave; I Aertsen
Date Published
1996
Length
19 pages
Annotation
This article discusses the concepts of shaming and restorative justice.
Abstract
The article reviews a 1993 project which investigated possibilities for reorienting the criminal justice system in a restorative way. The project produced many findings regarding the methodology of mediation and both participating victims and offenders were highly satisfied with the results. This positive effect could be attributed largely to the fact that they were able to play an active and responsible role in the criminal justice decision-making process. The article addresses three key questions: (1) To what extent are the terms "reintegration" and "restoration" interchangeable or, at least, complementary? (2) Does shaming play the same vital part in the restorative response to delinquency as the reintegration of delinquents? and (3) Is there a difference between the role of shaming in an informal reintegrative or restorative process and its function in a formal system of restorative justice? The article considers the paradigm of restorative justice; examines the meaning of the concepts of shaming as an active process and shame as a socio-psychological emotion; describes what can happen in a mediation process; and considers the extent to which these elements can be combined within a context of judicial coercion. Notes, references