Restorative justice and the right to move on: toward deinstitutionalising the stigma of a criminal conviction

Earle, Rod and Wakefield, Alison (2012). Restorative justice and the right to move on: toward deinstitutionalising the stigma of a criminal conviction. In: Gavrielides, Theo ed. Rights and Restoration within Youth Justice. Canada: de Sitter.

URL: http://www.desitterpublications.com/rightsandresto...

Abstract

Moves toward restorative justice have tried to reclaim the resolution of conflicts from the exclusive grasp of the state. While much has been achieved in developing new ways of theorising and resolving disputes the consequences of acquiring a criminal record that is retained and deployed by the state have been largely overlooked. In this chapter the authors explore the emergence of the Criminal Records Bureau (CRB) in England and Wales and the ways in which the widespread use of criminal records compromises the rights of people to be considered free from the stigma of a criminal conviction. Contemporary developments in legislation and policy regarding the status of criminal convictions are considered and their implications for young people and those who work with them. The authors argue that the principles and practice of restorative justice must address these elements of permanent and increasingly active intrusive scrutiny by the state.

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