Restorative Justice as Diversion?

Based on Lode Walgrave (2008), Restorative Justice, Self-

interest and Responsible Citizenship, Cullompton (UK): Willan Publishing

Why diversion? Why subsidiarity?Deliberate infliction of pain must be avoided Justifications for penal justice- Retributivist theories- Instrumentalist claims If we can find a way to respond to crime

which avoids deliberately inflicting pain and has no worse results, this way is to be choosen.

Diversion Ethical reasons Labeling theory Problems with diversion - A Negative concept- Net widening- Limits to diversion Four criteria- Legal safeguards- Reposition the victim- Reintegrative for the offender- Promoting social peace an cohesion

Divergence among Rj advocates

DiversionistsPreserve the genuine deliberative process

against any state intervention “Maximalists”Include possible (juridical) coercion in a RJ

concept

A pyramid of restorative law enforcement Earlier pyramids by Braithwaite and by

Dignan

Pyramid of restorative enforcement

Conflict regulation in community

Pyramid of restorative enforcement

Restorative justice processes

Conflict regulation in community

Pyramid of restorative enforcement

Judicial reparativesanctions

Restorative justice processes

Conflict regulation in community

Pyramid of restorative enforcement

Confinement

Judicial reparativesanctions

Restorative justice processes

Conflict regulation in community

A responsive system

The possibility to increase gradually pressure and coercion must be provided.

Rule of law must « percolate down » into restorative processes (Braithwaite)

Principles of restorative justice must « bubble up » into the criminal justice system (Braithwaite)