Conference papers

Does punishment have a place in restorative justice?

Kathleen Daly
Griffith University

Presented at:
The future and criminology : new solutions for old problems or old solutions for new problems? : 14th annual ANZSOC conference
University of Western Australia, Perth
28-30 September 1999

Abstract

A common convention in the restorative justice literature is to draw a strong oppositional contrast between "retributive" and "restorative" responses to crime. This framing offers apparent clarity in a messy justice field, and it provides a secure normative footing for restorative justice advocates. Less clear is whether the retributive-restorative contrast can be sustained empirically. One major point of contention is what place, if any, "punishment" has in restorative justice. Advocates eschew punishment, arguing that restorative justice practices should not be about the "intentional infliction of pain" but rather about "repairing the harm caused by crime." But how do crime offenders and victims view the matter? If they view restorative justice practices as "punishment," then restorative justice advocates may need to re-examine assumptions and claims. Drawing from my on-going research in South Australia, in particular, interviews with young people (offenders) and victims who have participated in a family conference, I assess their views of the place of punishment in practices termed restorative.

About the presenter

Kathleen Daly is an Associate Professor in the School of Criminology and Criminal Justice, Griffith University, Brisbane. She has published in the areas of gender, race, crime and justice. Her book, Gender, crime and punishment (1994) received the Michael Hindelang Award from the American Society of Criminology in 1995. She has also published an edited collection of articles (with Lisa Maher), Criminology at the crossroads : feminist readings in crime and justice (1998). During 1998-99, she has been directing a major research project on restorative justice in South Australia.