This essay argues that, while many restorative processes are quite valuable, there is the potential for their use to produce results that conflict with the community's shared intuitions of justice and to thereby undermine the criminal law's moral credibility. Because such moral credibility can have practical crime-control value, it ought not be undermined unless the crime-control benefits of doing so clearly outweigh the costs. In practice, it is entirely possible to rely upon restorative processes in ways that avoid injustice and that assure justice is done.
shared intuitions of justice, crime control
University of St. Thomas Law Journal
Robinson, Paul H., "Restorative Processes & Doing Justice" (2006). All Faculty Scholarship. 597.
Criminal Law Commons, Criminal Procedure Commons, Criminology and Criminal Justice Commons, Dispute Resolution and Arbitration Commons, Ethics and Political Philosophy Commons, Law and Society Commons, Law Enforcement and Corrections Commons, Policy Design, Analysis, and Evaluation Commons, Social Control, Law, Crime, and Deviance Commons