ABSTRACT
Using two case examples, this chapter illustrates the divergent responses to restorative justice, a common paternalistic reform effort in the juvenile justice systems of the US and Mexico, with the US representing the Punitive Form, and Mexico the Communal. Using characteristics of each Form, it explains the degree of legitimacy of restorative justice in each context, revealing not only the mediating role of the Form of Benevolence, but illuminating the ceremonial nature of reforms in insulating highly stratified structures from change. Contemporary implementation of restorative juvenile justice programs in Mexico are strongly influenced by legislative, geographic, and economic factors. In 2005, Article 18 of the Mexican Constitution was modified to "establish an integral system of justice for adolescents between 12 and 18 years old who had committed a crime punishable under the criminal law". The year 2008 brought a separate major constitutional amendment further expanding criminal due process rights for all defendants, including juveniles, although implementation gaps remain.
