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Restorative Justice--Variations on a Theme (From Restorative Justice for Juveniles: Potentialities, Risks and Problems for Research, P 19-53, 1998, Lode Walgrave, ed.)

NCJ Number
177698
Author(s)
Paul McCold
Date Published
1998
Length
35 pages
Annotation
This conference paper reports on an attempt to develop a consensual definition of restorative justice using a modified Delphi technique, based on efforts of a working group convened by the Alliance of Non-Governmental Organizations on Crime Prevention and Criminal Justice.
Abstract
Because restorative justice means many things to various people, the Delphi technique was employed in which a panel of experts discussed the concept of restorative justice and attempted to develop a consensual definition. The initial draft definition was designed to comprehensively reflect characteristics of restorative justice as discussed in available literature. While panel members represented a wide spectrum of views, there were some similarities among participants. All agreed that restorative justice is much more than restitution and should include a grass-roots approach. Some agreed that restorative justice has moral implications but few liked the idea that restorative justice is moralizing. Some thought the discussion of right and wrong has no place in restorative justice or is not an essential element of restorative justice. There was general disapproval of equating crime with hurtful behavior, but most agreed that restorative justice is a healing approach to reverse criminal harm. Panel members indicated that restorative justice is a non-punitive approach, that restorative justice empowers victims, and that the transformation of relationships is a byproduct rather than a goal of restorative justice. Although the panel largely failed in developing a consensual definition of restorative justice, the following definition was nonetheless adopted: restorative justice is a process whereby all parties with a stake in a particular offense come together to collectively resolve how to deal with the aftermath of the offense and its implications for the future. Deliberations of the panel are discussed as they pertain to the ownership of criminal conflicts and punishment. An appendix contains detailed responses of panel members. 77 references