Restorative Justice as a Democratic Practice

Authors

Daniel S. McConkie Jr., Northern Illinois University College of Law

Abstract

Our criminal justice system, to be truly democratic, should be more responsive to those most affected by it, and this calls for significant participation from citizens. Unfortunately, the state-centered, professionalized criminal justice system marginalizes citizens at every stage, depriving them of a voice and power. Instead, the system should embody and encourage criminal justice citizenship, which refers to the rights and privileges of ordinary people to participate directly in certain aspects of the criminal justice system and to deliberate in some of its workings. Such citizenship is indispensable to democracy, or rule by the people.

Restorative justice, especially where it is centered in community courts, is an ideal reform to strengthen criminal justice citizenship and, therefore, democracy itself. Restorative justice seeks to address and repair crime’s harm through a deliberative process that fosters mutual understanding and acceptance of responsibility and involves the stakeholders of crime directly in the process. Restorative justice strengthens democracy by fostering the following three key aspects of criminal justice citizenship. First, restorative justice can provide many opportunities for lay participation and collective civic action to address individual crimes and broader issues in a community. Second, restorative justice processes foster deliberation. These processes give voice to the key stakeholders and encourage dialogue, understanding, collaboration, and creativity in repairing harm. Third, restorative justice strengthens membership, which refers to citizens belonging to a community as civic equals. It does so by inviting key stakeholders, broadly defined, to play a role in seeking to repair the harms of crime—promoting a shared commitment to the social order and accountability to others. To realize the benefits of restorative justice as a democratic practice, reformers should continue to promote grassroots community court experiments that involve as many stakeholders as possible. These experiments can help to reduce the size of the carceral state.

First Page

667

Recommended Citation

Daniel S. McConkieJr., Restorative Justice as a Democratic Practice, 55 Loy. U. Chi. L. J. 667 (2024).
Available at: https://lawecommons.luc.edu/luclj/vol55/iss3/5