Braswell: Justice, Crime, and Ethics, 7th Edition


Case Studies with Questions and Answers

Chapter 14: Restorative Justice and the Peacemaking Ethic

As the executive director of a progressive restorative justice program in a small rural region, you constantly struggle to convince the various local juvenile court systems to refer delinquents into your program. Despite the struggles, the idea of restorative justice is slowly being accepted by an increasing number of the local city and county court systems. You are particularly excited that you are receiving the first referral from the adjacent county court system, which has so far been reluctant to emphasize restorative justice methods.

As you open the case file, you notice that the clients are two teenage females where one was badly beaten in an unprovoked attack. This type of offense is typically handled by a victim-offender reconciliation meeting which encourages both parties to interact and resolve the issues with you acting as the mediator. From the very beginning of the meeting, however, you realize this will not be your typical case. The offender refused to show remorse to the victim, and both parents are also uncooperative. You are forced to end the reconciliation meeting early due to the lack of respect each party has to the process.

After the parties have left your office, a decision must be made on the best course of action. You write a letter to the referring judge explaining how the meeting went. This is frustrating, as this unsuccessful meeting will likely lead the judge to regret handling the case by restorative justice and less likely to refer future cases. You are also frustrated with yourself, as perhaps another restorative justice method would have worked more effectively than the reconciliation meeting.

Questions

  1. What other restorative justice programs would have been available for this case?
  2. Correct Answer

    This case could be handled by one or a combination of the following: family group counseling, sentencing circles, reparative boards, victim-offender boards, or reintegrative shaming.


  3. Should the judge give up on restorative justice based on this case?
  4. Correct Answer

    There are many remaining restorative justice programs available that may be effective at showing the offender the consequences of her actions and to gather the communities input regarding appropriate punishment.

  5. Was this the proper type of case to utilize restorative justice programs?

    Correct Answer

    Restorative justice is appropriate in this case as long as the victim is willing to cooperate with the process. In the event that the victim is unwilling to participate, reintegrative shaming can still be utilized.

Copyright © 2011, Elsevier Inc. All rights Reserved.