ABSTRACT

Restorative justice critiques of the status quo in criminal justice often miss their mark because of the mistaken belief that current practice in criminal justice is essentially, or predominantly, retributive. What is being overlooked is that restorative justice responses often contain retributive and punitive elements themselves-and sometimes, such as in serious cases, necessarily so. Therefore, blaming retribution, or even punitiveness, for the ills of the criminal justice system is largely beside the point. Punishment and retribution cannot be ruled out by any system of justice. By implication, a more plausible critique of the status quo is needed.