Braithwaite's argument against punitive justice systems and for  restorative justice systems establishes that there are good  theoretical and empirical grounds for anticipating that well designed  restorative justice processes will restore victims, offenders, and  communities better than existing criminal justice practices.  Counterintuitively, he also shows that a restorative justice system  may deter, incapacitate, and rehabilitate more effectively than a  punitive system. This is particularly true when the restorative  justice system is embedded in a responsive regulatory framework that  opts for deterrence only after restoration repeatedly fails, and  incapacitation only after escalated deterrence fails. Braithwaite's  empirical research demonstrates that active deterrence under the  dynamic regulatory pyramid that is a hallmark of the restorative  justice system he supports, is far more effective than the passive  deterrence that is notable in the stricter "sentencing grid" of  current criminal justice systems.

Restorative Justice & Responsive Regulation (Studies in Crime and Public Policy) PDF

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