Restorative Justice as Diversion

1
Restorative Justice as Diversion?

• Based on
• Lode Walgrave (2008), Restorative Justice,
  Self-interest and Responsible Citizenship,
  Cullompton (UK) Willan Publishing

2
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.

3
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

4
Divergence among Rj advocates

• Diversionists
• Preserve the genuine deliberative process against
  any state intervention
• Maximalists
• Include possible (juridical) coercion in a RJ
  concept

5
A pyramid of restorative law enforcement

• Earlier pyramids by Braithwaite and by Dignan

6
Pyramid of restorative enforcement

• Conflict regulation in community

7
Pyramid of restorative enforcement

• Restorative justice processes
• Conflict regulation in community

8
Pyramid of restorative enforcement

• Judicial reparative
• sanctions
• Restorative justice processes
• Conflict regulation in community

9
Pyramid of restorative enforcement

• Confinement
• Judicial reparative
• sanctions
• Restorative justice processes
• Conflict regulation in community

10
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)