A tale of two states: how U.S. state legislatures consider restorative justice policies

Abstract

This paper explores recent state legislative processes in Colorado and Texas related to bills proposing support for restorative justice as a juvenile diversion tool for criminal courts. It uses two maximum variation case studies to explore issue statements related to theoretically-supported factors likely to influence the adoption of restorative justice legislation, and draws conclusions about the importance of political partisanship, economic strain, and key figures such as policy entrepreneurs, advocacy coalitions, and interest groups in legislative decision-making. Emerging themes suggest that support for restorative justice policies is at least sometimes bipartisan and is unlikely to be motivated by economic interests. Collaborative processes within a traditionally adversarial system distinguished successful restorative justice decision-making in Colorado.

Keywords:

• Restorative justice
• criminal justice policy
• policy process
• policy entrepreneurs
• advocacy coalitions
• interest groups
• Colorado
• Texas