ABSTRACT

This chapter discusses the relationship between remorse and restorative justice. Remorse plays a significant role in the theory and practice of restorative justice, much more significant than its role in traditional criminal justice. Moreover, remorse would seem to find a more congenial or facilitating communicative context in restorative justice settings. Restorative justice incorporates both certain aims and certain practices. The chapter focuses on the restorative justice practice of group conferencing and, in particular, the role of remorse therein. Restorative justice suggests that the traditional models of reparation are too narrow, often only very materialistically conceived. Conferencing is essentially about giving them a voice that they do not have in the traditional criminal trial and sentencing processes. Braithwaite's influential theory of reintegrative shaming is important to consider in relation to restorative justice conferences. Braithwaite proposed that effective and reintegrative communication of shame will be associated with less 'predatory' crime.