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Revisiting Informal Justice: Restorative Justice and Democratic Professionalism

Published online by Cambridge University Press:  01 January 2024

Susan M. Olson  and
Albert W. Dzur
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Abstract

Restorative justice is a form of informal justice growing rapidly among criminal justice practitioners. It decenters the focus of criminal justice from the offender breaking a law of the state to the harm caused the victim and community. Resolution is said to come from offenders taking responsibility and making amends for the harm done and from communities supporting the victim and providing offenders with opportunities and skills to reintegrate as contributing members.

Restorative justice theory largely ignores the role of professionals in the criminal justice process, and yet professionals have played a dominant part in initiating many restorative justice programs. Several theoretical traditions recognize professionals as being important intermediaries between citizens and the state. The theory of democratic professionalism argues that professionals can play crucial roles in increasing and improving democratic participation in public affairs. This article examines two functioning restorative justice programs to flesh out what democratic professionalism might look like in operation—what tasks professionals perform and what citizen involvement means to the professionals. We argue that restorative justice cannot get along without professionals and that democratic professionalism may help restorative justice to avoid some of the problems associated with other approaches to informal justice by increasing true community participation but balancing it with concern for individuals' rights.

Type
Articles Of General Interest
Information
Law & Society Review , Volume 38 , Issue 1 , January 2004 , pp. 139 - 176
Copyright
© 2004 Law and Society Association.

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Footnotes

This article is the product of equal contribution from both authors.

We would like to thank Christine Harrington for her comments on an earlier draft. We wish to thank the members of the Passages citizen review board for welcoming us into their deliberations every other week for 16 months.

References

Abel, Richard L. (1982) “The Contradictions of Informal Justice,” in Abel, R., ed., The Politics of Informal Justice, Volume 1, The American Experience. New York: Academic Press.Google Scholar
Alford, Susan (1997) “Professionals Need Not Apply,” 59 Corrections Today 104.Google Scholar
Bazemore, Gordon (1998) “The ‘Community’ in Community Justice: Issues, Themes, and Questions for the New Neighborhood Sanctioning Models,” in Karp, D., ed., Community Justice: An Emerging Field. Lanham, MD: Rowman & Littlefield.Google Scholar
Bazemore, Gordon, & Umbreit, Mark (2001) A Comparison of Four Restorative Conferencing Models. Washington, DC, U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention.Google Scholar
Braithwaite, John (1989) Crime, Shame and Reintegration. Cambridge, UK: Cambridge Univ. Press.CrossRefGoogle Scholar
Braithwaite, John (2002) Restorative Justice and Responsive Regulation. Oxford: Oxford Univ. Press.Google Scholar
Brint, Steven (1994) In an Age of Experts: The Changing Role of Professionals in Politics and Public Life. Princeton: Princeton Univ. Press.CrossRefGoogle Scholar
Cain, Maureen (1988) “Beyond Informal Justice,” in Matthews, R., ed., Informal Justice? London: Sage Publications.Google Scholar
Christie, Nils (1977) “Conflicts as Property,” 17 British J. of Criminology 1–15.CrossRefGoogle Scholar
Christie, Nils (1981) Limits to Pain. Oslo: Universitetsforlaget.Google Scholar
Clear, Todd R., & Karp, David R. (1998) “The Community Justice Movement,” in Karp, D., ed., Community Justice: An Emerging Field. Lanham, MD: Rowman & Littlefield.Google Scholar
Coates, Robert B. (1990) “Victim-Offender Reconciliation Programs in North American: An Assessment,” in Galaway, B. & Hudson, J., eds., Criminal Justice, Restitution and Reconciliation. Monsey, NY: Criminal Justice Press.Google Scholar
Cobb, Sara (1997) “The Domestication of Violence in Mediation,” 31 Law & Society Rev. 397–440.CrossRefGoogle Scholar
Delgado, Richard (1985) “Fairness and Formality: Minimizing the Risk of Prejudice in Alternative Dispute Resolution,” 1985 Wisconsin Law Rev. 1359–403.Google Scholar
Department of Justice (1998) “Restorative Justice On-Line Notebook: Background.” Retrieved Sept. 19, 2002, from http://www.ojp.usdoj.gov/nij/rest-just/backgnd.htm.Google Scholar
Dewey, John (1925) “Practical Democracy,” reprinted in Boydston, Jo Ann, ed., John Dewey, The Later Works: 1925–1953 (LW), 2:213–20. Carbondale: Southern Illinois Univ. Press (1981–1990).Google Scholar
Dewey, John (1927) “The Public and Its Problems,” 2 LW 253–372.Google Scholar
Dewey, John (1937) “The Challenge of Democracy to Education,” 11 LW 181–90.Google Scholar
Dooley, Michael (1995) “Restorative Justice in Vermont: A Work in Progress,” in Community Justice: Striving for Safe, Secure, and Just Communities. Washington, DC: National Institute of Corrections.Google Scholar
Dorf, Michael C., & Sabel, Charles F. (1998) “A Constitution of Democratic Experimentalism,” 98 Columbia Law Rev. 267–473.CrossRefGoogle Scholar
Dzur, Albert W. (2002a) “Public Journalism and Deliberative Democracy,” 34 Polity 313–36.CrossRefGoogle Scholar
Dzur, Albert W. (2002b) “Democratizing the Hospital: Deliberative-Democratic Bioethics,” 27 J. of Health Politics, Policy, and Law 177–211.CrossRefGoogle ScholarPubMed
Dzur, Albert W., & Olson, Susan M. (2004) “The Value of Community Participation in Restorative Justice,” J. of Social Philosophy, in press.CrossRefGoogle Scholar
Feeley, Malcolm, & Rubin, Edward (1998) Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons. New York: Cambridge Univ. Press.Google Scholar
Fischer, Frank (1993) “Citizen Participation and the Democratization of Policy Expertise—From Theoretical Inquiry to Practical Cases,” 26 Policy Sciences 165–87.CrossRefGoogle Scholar
Fischer, Frank (2000) Citizens, Experts, and the Environment. Durham, NC: Duke Univ. Press.Google Scholar
Fitzpatrick, Peter (1988) “The Rise and Rise of Informalism,” in Matthews, R., ed., Informal Justice? London: Sage Publications.Google Scholar
Foucault, Michel (1980) “Two Lectures,” in Gordon, Colin, ed. and trans., Power/Knowledge. New York: Pantheon.Google Scholar
Freidson, Eliot (1970) Profession of Medicine: A Study of the Sociology of Applied Knowledge. New York: Dodd, Mead and Co.Google Scholar
Freidson, Eliot (1994) Professionalism Reborn: Theory, Prophecy, and Policy. Chicago: Univ. of Chicago Press.Google Scholar
Gay, Fred, & Quinn, Thomas J. (1996) “Restorative Justice and Prosecution in the Twenty-First Century,” 30 J. of the National District Attorneys Association 16–24.Google Scholar
Habermas, Jurgen (1971) “The Scientization of Politics and Public Opinion,” in Shapiro, Jeremy, trans., Toward a Rational Society: Student Protest, Science, and Politics. Boston: Beacon Press.Google Scholar
Harrington, Christine B. (1985) Shadow Justice: The Ideology and Institutionalization of Alternatives to Court. Westport, CT: Greenwood Press.Google Scholar
Harrington, Christine B., & Merry, Sally Engle (1988) “Ideological Production: The Making of Community Mediation,” 22 Law & Society Rev. 709–35.CrossRefGoogle Scholar
Harris, M. Kay, & Corbett, Ronald P. Jr. (1998) “Exploring the Implications of Four Sanctioning Orientations for Community Corrections,” 62 Federal Probation 81–95.Google Scholar
Hofrichter, Richard (1982a) “Justice Centers Raise Basic Questions,” in Tomasic, R. & Feeley, M., eds., Neighborhood Justice: Assessment of an Emerging Idea. New York: Longman.Google Scholar
Hofrichter, Richard (1982b) “Neighborhood Justice and the Social Control Problems of American Capitalism: A Perspective,” in Abel, R., ed., The Politics of Informal Justice, Volume 1, The American Experience. New York: Academic Press.Google Scholar
Hughes, Everett C. (1963) “Professions,” 92 Daedalus 655–68.Google Scholar
Karp, David R. (2001) “Harm and Repair: Observing Restorative Justice in Vermont,” 18 Justice Quarterly 727–57.CrossRefGoogle Scholar
Karp, David R. (2002) “The Offender/Community Encounter: Stakeholder Involvement in the Vermont Reparative Boards,” in Clear, T. & Karp, D., eds., What is Community Justice?: Case Studies of Restorative Justice and Community Supervision. Santa Monica, CA: Sage Publications.CrossRefGoogle Scholar
Karp, David, & Clear, Todd (2000) “Community Justice: A Conceptual Framework,” in National Institute of Justice, Criminal Justice 2000, Volume 2. Washington, DC: National Institute of Justice.Google Scholar
Lopez, Gerald (1992) Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice. Boulder, CO: Westview Press.Google Scholar
Luna, Erik (2001) “Relationships and the Criminal Sanction,” Unpublished manuscript.Google Scholar
Marshall, Tony F. (1988) “Out of Court: More or Less Justice?” in Matthews, R., ed., Informal Justice? London: Sage Publications.Google Scholar
Matthews, Roger (1988) “Reassessing Informal Justice,” in Matthews, R., ed., Informal Justice? London: Sage Publications.Google Scholar
William F., McDonald, ed., (1976) Criminal Justice and the Victim. Beverly Hills, CA: Sage Publications.Google Scholar
McGillis, Daniel (1982) “Minor Dispute Processing: A Review of Recent Developments,” in Tomasic, R. & Feeley, M., eds., Neighborhood Justice: Assessment of an Emerging Idea. New York: Longman.Google Scholar
McGillis, Daniel (1997) Community Mediation Programs: Developments and Challenges. Washington, DC: U.S. Department of Justice.Google Scholar
Merry, Sally Engle (1982) “Defining ‘Success’ in the Neighborhood Justice Movement,” in Tomasic, R. & Feeley, M., eds., Neighborhood Justice: Assessment of an Emerging Idea. New York: Longman.Google Scholar
Merry, Sally Engle (1989) “Myth and Practice in the Mediation Process,” in Wright, M. & Galaway, B., eds., Mediation and Criminal Justice: Victims, Offenders and Community. London: Sage Publications.Google Scholar
Merry, Sally Engle, & Milner, Neal, eds. (1993) The Possibility of Popular Justice: A Case Study of Community Mediation in the United States. Ann Arbor: Univ. of Michigan Press.CrossRefGoogle Scholar
Miller, William Ian (1990) Bloodtaking and Peacemaking: Feud, Law, and Society in Saga Iceland. Chicago: Univ. of Chicago Press.CrossRefGoogle Scholar
Parsons, Talcott (1968) “Professions,” in International Encyclopedia of the Social Sciences 12:536–47. New York: Macmillan.Google Scholar
Pavlich, George (1996) “The Power of Community Mediation: Government and Formation of Self-Identity,” 30 Law & Society Rev. 707–33.CrossRefGoogle Scholar
Perry, John G., & Gorczyk, John F. (1997) “Restructuring Corrections: Using Market Research in Vermont,” 1 Corrections Management Quarterly 26–35.Google Scholar
Putnam, Robert (2000) Bowling Alone: The Collapse and Revival of American Community. New York: Touchstone Books.Google Scholar
Rolly, Paul (2000) “Mayor Plans ‘Healing’ Crime Fight,” Salt Lake Tribune, March 5, B1.Google Scholar
Salt Lake City (2000) Passages Program Description and Mission Statement.Google Scholar
Shook, Vicki, & Milner, Neal (1993) “What Mediation Training Says—or Doesn't Say—About the Ideology and Culture of North American Community-Justice Programs,” in Merry, S. & Milner, N., eds., The Possibility of Popular Justice: A Case Study of Community Mediation in the United States. Ann Arbor: Univ. of Michigan Press.Google Scholar
Stone, Emily (2001) “Winooski's Justice Board Completes First Year,” Burlington Free Press, May 28.Google Scholar
Sullivan, William (1995) Work and Integrity: The Crisis and Promise of Professionalism in America. New York: HarperCollins.Google Scholar
Tocqueville, Alexis de (2000) Democracy in America, Mansfield, H. & Winthrop, D., eds. and trans. Chicago: Univ. of Chicago Press.CrossRefGoogle Scholar
Tomasic, Roman (1982) “Mediation as an Alternative to Adjudication: Rhetoric and Reality in the Neighborhood Justice Movement,” in Tomasic, R. & Feeley, M., eds., Neighborhood Justice: Assessment of an Emerging Idea. New York: Longman.Google Scholar
Tomasic, Roman, & Feeley, Malcolm M. (1982) “Introduction,” in Tomasic, R. & Feeley, M., eds., Neighborhood Justice: Assessment of an Emerging Idea. New York: Longman.Google Scholar
Umbreit, Mark S. (2001) The Handbook of Victim Offender Mediation. San Francisco: Jossey-Bass.Google Scholar
Umbreit, Mark S., & Carey, Mark (1995) “Restorative Justice: Implications for Organizational Change,” 59 Federal Probation 47.Google Scholar
Umbreit, Mark S., Coates, Robert B., & Roberts, Ann (2000) “The Impact of Victim-Offender Mediation: A Cross-National Perspective,” 17 Mediation Quarterly 215–29.CrossRefGoogle Scholar
United Nations, Economic and Social Council (1999) Development and Implementation of Mediation and Restorative Justice Measures in Criminal Justice, July 28, 1999.Google Scholar
Van Ness, Daniel, & Heetderks Strong, Karen (1997) Restoring Justice. Cincinnati: Anderson Publishing.Google Scholar
Vermont Department of Corrections (1997) Reparative Program Directive 424.04, Waterbury, VT.Google Scholar
Vermont Department of Corrections (1999) Observer Sheet, Waterbury, VT.Google Scholar
Walsh, Rebecca (2002) “Salt Lake City Prosecutor Is After Bigger Picture,” Salt Lake Tribune, April 22, A1.Google Scholar
Walther, Lynne, & Perry, John (1997) “The Vermont Reparative Probation Program,” 8 ICCA J. on Community Corrections 26–34.Google Scholar
Zehr, Howard (1990) Changing Lenses: A New Focus for Criminal Justice. Scottdale, PA: Herald Press.Google Scholar