Article

Restoration, Shame, and the Future of Restorative Practice in U.S. Juvenile Justice

Gordon Bazemore

in The Oxford Handbook of Juvenile Crime and Juvenile Justice

Published in print December 2011 | ISBN: 9780195385106
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780195385106.013.0028

Series: Oxford Handbooks

Restoration, Shame, and the Future of Restorative Practice in U.S. Juvenile Justice

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Restorative justice and reintegrative shaming theory became prominent on the North American juvenile justice scene in the mid- to late 1990s. This article considers the impact of Braithwaite's macro theory of reintegrative shaming and also the larger strengths and weaknesses of the restorative justice movement on juvenile justice policy, practice, and research. To move forward in the United States, restorative justice, as an evidence-based practice, must be viewed as a mainstream, problem-oriented intervention capable of responding effectively to a range of chronic juvenile justice and community concerns. Currently, widespread implementation of restorative policies and practices in U.S. juvenile justice appears to be limited by the absence of a legislative mandate or incentives for presumptive referral to restorative programs; the political role of elected prosecutors in justice decision-making; and an unshakeable commitment to punishment and maximum use of adversarial and quasi-adversarial dispositional decision-making at the expense of informal decision-making.

Keywords: restorative justice; reintegrative shaming theory; North American juvenile justice; Braithwaite's macro theory; restorative programs; juvenile justice policy

Article.  12553 words. 

Subjects: Criminology and Criminal Justice ; Youth Violence and Juvenile Justice ; Theories of Crime

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