Restorative Justice as an Innovative Response to Violence

Abstract

Australian scholars have been at the forefront of debates and research regarding restorative justice and other non-traditional criminal justice responses to violence that have been advocated in recent decades. In her discussion of sexual violence, Daly (2011: 9) distinguishes between ‘conventional’ justice and ‘innovative’ justice responses: the former being concerned with helping victims to ‘cope better’ with the criminal justice processes, the latter with ‘addressing those things that many victims say they want, but rarely experience in the criminal justice system’. She sees the two types of responses as ‘residing on a continuum’ but does not explain what is ‘innovative’ about innovative justice responses. A recent report suggests that innovative justice has a wider focus: ‘improving victim’s access to justice and experience of justice, while also focus-ing on offender rehabilitation and community repair’, the emphasis being on ‘trying new approaches and creating a “menu” of justice options, recognizing that not all cases require the same justice response’.