Restorative Justice? A Critical Analysis

In: B Goldson & J Muncie (eds) Youth, Crime and Justice (2nd edn). London: Sage. pp. 137-156. 2015

UNSW Law Research Paper No. 2015-58

26 Pages Posted: 9 Sep 2015 Last revised: 17 Sep 2015

See all articles by Chris Cunneen

Chris Cunneen

Jumbunna Institute for Indigenous Education and Research,University of Technology Sydney; University of New South Wales, School of Social Sciences; James Cook University - Cairns Campus

Barry Goldson

University of Liverpool - Department of Sociology, Social Policy and Criminology

Date Written: 2015

Abstract

This chapter provides a critical analysis of the restorative justice movement in the field of youth justice. Examples of the application of restorative justice in Australia, England and Wales are considered. Then, the contemporary popularity of this phenomena is critically analysed through an emphasis on dominant notions of the 'victim-offender binary', the 'inclusive community', the 'imputation of responsibility' and 'alternative justice'. The effectiveness and impact of restorative justice is also critically examined. The author's conclude that in its current manifestation within the contemporary youth justice sphere, there is little, if anything, inherent to restorative justice that prevents it from co-existing with, being accommodated by and, ultimately lending legitimacy to, repressive youth justice systems and youth crime control strategies. Whilst profoundly sceptical of the restorative justice 'that is', they remain enthusiastic about the restorative justice that 'might be'; a project they argue that requires a re-imagining of the delivery of justice for children and young people, substantially more than existing variants of restorative justice appear able to provide.

Keywords: Youth Justice, Restorative Justice

Suggested Citation

Cunneen, Chris and Goldson, Barry, Restorative Justice? A Critical Analysis (2015). In: B Goldson & J Muncie (eds) Youth, Crime and Justice (2nd edn). London: Sage. pp. 137-156. 2015; UNSW Law Research Paper No. 2015-58. Available at SSRN: https://ssrn.com/abstract=2655454

Chris Cunneen (Contact Author)

Jumbunna Institute for Indigenous Education and Research,University of Technology Sydney ( email )

15 Broadway, Ultimo
PO Box 123
Sydney, NSW 2007
Australia

University of New South Wales, School of Social Sciences ( email )

Kensington, New South Wales 2052
Australia

James Cook University - Cairns Campus ( email )

PO Box 6811
Cairns, Queensland 4870
Australia

Barry Goldson

University of Liverpool - Department of Sociology, Social Policy and Criminology ( email )

Bedford Street South
Liverpool, L69 7ZA
United Kingdom
+44 (0) 151 794 2977 (Phone)
+44 (0) 151 794 2997 (Fax)

HOME PAGE: http://www.liv.ac.uk/sspsw/staff/biogs/goldson.htm

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