This book poses a normative question. It asks how institutional responses to
criminal wrongdoing should be reframed so as to better achieve justice. The
question is asked in the context of the potential for a wider role for restorative
justice, and from the perspective that justice is primarily about distribution.
Conventional responses to wrongdoing accept that offenders must be given their
just deserts and treated equally, and that all persons affected by wrongdoing must
have their rights promoted and protected. However, what is most often distributed
to meet all these needs is punishment. Missing is a focus on removing the harm
and damage caused to individuals and relationships. Lacking is a more effective
means to trigger crime prevention. This book offers fresh insight into what else
should be distributed and how this might be done, arguing that it is only by taking
into account restorative questions that institutional responses can be truly said to
be just.
The book is about how the criminal law might develop from today to bring
the need for restoration directly into the mix tomorrow. The restorative practice
of justice has many answers but cannot be the sole solution. Restorative processes
can begin the process of repair and seek to deter crime through means other than
punishment. But restorative practice’s own limitations are highlighted when
the seriousness of the wrongdoing calls for a strongly retributive response and
there is a rushed return to punishment. Rather than seeing restorative justice as
a replacement discourse, this book argues that it should be situated in a close
complementary role with conventional legal justice.