Restorative Justice Legislation in the American States: A Statutory Analysis of Emerging Legal Doctrine

Abstract

Restorative justice is a relatively new approach to crime response, developing in the U.S. since the 1970s. Over the past three decades, these practices have been incorporated into legislation. Using content analysis of statutes in state criminal and juvenile codes, this study asks how restorative justice has been translated into law. The authors find that 32 states now have statutory support for the use of restorative justice, and that legislation ranges widely from general statements of support to structured use of restorative practices in at least some instances and for some offenders. Implications for practitioners, policy makers, and scholars are suggested.

KEYWORDS:

• criminal justice policy
• policy dissemination
• restorative justice
• victim offender mediation