Restorative Justice and Responsive Regulation

By John Braithwaite | Go to book overview

3
Does Restorative Justice Work?
THIS CHAPTER SUMMARIZES THE NOW CONSIDERABLE EMPIRICAL EVIDENCE ABOUT the effectiveness of restorative justice. The literature review is organized around three broad and simple hypotheses:
1. Restorative justice restores and satisfies victims better than existing criminal justice practices
2. Restorative justice restores and satisfies offenders better than existing criminal justice practices
3. Restorative justice restores and satisfies communities better than existing criminal justice practices

These propositions are corollaries of the theories developed in chapter 4. It may seem odd to present evidence for the corollaries of the theories before the theories themselves. The reason for proceeding this way is that I read the evidence that restorative justice works in restoring victims, offenders, and communities as more encouraging and somewhat clearer than the evidence supporting any of the theories. So my way of tackling this book has been to explain the idea of restorative justice in chapter 1, to review evidence suggesting that it might work in this chapter, and then in the next chapter to consider a variety of theories that give an account of why it might work in restoring victims, offenders, and communities.


RESTORATIVE JUSTICE PRACTICES RESTORE AND
SATISFY VICTIMS BETTER THAN EXISTING CRIMINAL
JUSTICE PRACTICES

A consistent picture emerges from the welter of data reviewed in this section: it is one of comparatively high victim approval of their restorative justice experiences, though often lower levels of approval than one finds among other participants in the process. So long as the arrangements are convenient, it is only a small minority of

-45-

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Restorative Justice and Responsive Regulation
Table of contents

Table of contents

  • Title Page iii
  • Preface vii
  • Contents xiii
  • 1: The Fall and Rise of Restorative Justice 3
  • 2: Responsive Regulation 29
  • 3: Does Restorative Justice Work? 45
  • 4: Theories That Might Explain Why Restorative Justice Works 73
  • 5: Worries About Restorative Justice 137
  • 6: World Peacemaking 169
  • 7: Sustainable Development 211
  • 8: Transforming the Legal System 239
  • References 269
  • Index 297
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