Making Amends for Crime

Abstract

Is a reconciliation theory of atonement, as defended in earlier chapters, acceptable as a theory of criminal justice? According to restorative justice theory, the criminal justice system should encourage the restoration of relationships among offenders, victims, and communities. Restorative justice advocates call for significant procedural reforms, including a smaller role for legal professionals and negotiated restitution agreements rather than punishment. One major objection to restorative justice is that it violates the principle of liberal neutrality inasmuch as an ethic of atonement is not the sort of thing the state should enforce. This objection can be answered satisfactorily. However, restorative justice theory is weakened by a tendency to undervalue the distinction between moral and criminal wrongdoing. This problem threatens the procedural reforms associated with the restorative justice.