Restorative Justice: The Ideals and Realities of Conferencing for Young People

摘要

This paper is concerned with the nature and complexities of restorative justice. It uses Braithwaite’s (Br J Criminol 42:563–577, 2002a) framework of constraining, maximising and emerging restorative standards to understand the interactions that underpin success and failure in practice, i.e., ‘restorativeness’. Using qualitative data from observations of youth justice conferences in New South Wales, Australia, the roles of empowerment (as an example of a constraining standard), restoration of communities (as an example of a maximising standard) and remorse over injustice (as an example of an emergent standard) are examined. Findings confirm that restorative justice is best conceived as a continuum of dynamic process and outcome related values. Non-domination is paramount to achieving restorative justice. However, the presence, absence, and nature of other values such as storytelling, respectful listening, victim and support attendance, and apology are also important. They affect where a restorative event falls on the restorative continuum, and they affect the likelihood of other standards being met.