Discursive representations of restorative justice in international policies

The European Directive 2012/29/EU, the Council of Europe Recommendation CM/Rec(2018)8), and the recently launched updated United Nations Handbook (2020) testify to the increasing policy recognition of restorative justice at international level. And yet, despite the vast and burgeoning literature on restorative justice, limited research and critical analysis has been conducted on policies, and even less on international policies and instruments. As a result, we know little about how restorative justice is framed within policy and how such framings could contribute toward the development of this field in practice. Addressing this gap, this article seeks to understand the ways in which restorative justice is construed within international policies and their conditions of possibility, using a ‘policy-as-discourse’ analytical approach. The article also draws implications for the study of the relationships between restorative justice policy and practice and for future research on the institutionalisation of this ‘new’ frontier of penality, internationally

Indigenous Peoples, Criminology, and Criminal Justice

© 2019 by Annual Reviews. All rights reserved. This review provides a critical overview of Indigenous peoples' interactions with criminal justice systems. It focuses on the experiences of Indigenous peoples residing in the four major Anglo-settler-colonial jurisdictions of Australia, New Zealand, Canada, and the United States. The review is built around a number of key arguments, including that centuries of colonization have left Indigenous peoples across all four jurisdictions in a position of profound social, economic, and political marginalization; that the colonial project, especially the socioeconomic marginalization resulting from it, plays a significant role in the contemporary over-representation of Indigenous peoples in settler-colonial criminal justice systems; and that a key failure of both governments and the academy has been to disregard Indigenous peoples responses to social harm and to rely too heavily on Western theorizing, policy, and practice to solve the problem of Indigenous over-representation. Finally, we argue that little will change to reduce the negative nature of Indigenous-criminal justice interactions until the settler-colonial state and the discipline of criminology show a willingness to support Indigenous peoples' desire for self-determination and for leadership in the response to the social harms that impact their communities