This book critically examines the colonial dimensions of restorative justice through the lens of justice policy reform in Jamaica.
Restorative justice is not new. Practices of restitution can be found throughout history, predominantly in non-Western traditions and religions. One of the key principles of restorative practices is contextualisation. That is, restorative practices are developed and embedded within the political, economic, and cultural context of the communities in which they are practised. Many of the countries that have gone on to develop restorative justice as part of their formal justice system have developed their policy on the model of their indigenous communities – for example, in Canada and in New Zealand. However, with the globalisation of restorative practices within the past decade, many countries have sought to ‘colonise’ restorative justice, by developing a standardised, best-practice approach. Instead of a practice that is developed and formed by its community, colonised restorative justice dictates that one size fits all. Examined through the lens of the development and implementation of restorative justice policies in Jamaica, this book argues that this Westernised approach diminishes the effectiveness of restorative justice in its capacity: to address the victim’s needs; to hold the offender accountable in a way that reintegrates them into society; and to empower the community by involving them in the provision of justice to victims. Restorative justice, then, must be decolonised –and local, indigenous practices acknowledged –if it is to achieve its aims.
This book will be of interest to a range of scholars with interests in decolonisation, as well as alternative dispute resolution, especially those in sociolegal studies, criminology, human rights, social policy, political science, and Caribbean studies.
By:
Leanne Alexis Levers
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions:
Height: 234mm,
Width: 156mm,
Weight: 453g
ISBN: 9781032371115
ISBN 10: 1032371110
Pages: 188
Publication Date: 18 December 2024
Audience:
College/higher education
,
Primary
Format: Paperback
Publisher's Status: Active
Foreword by Dr. Anthony Harriott ix Foreword by Dr. Lloyd Barnett, OJ, PhD, LLD (Hon) xi Acknowledgements xiii 1 Decolonisation and Restorative Justice 1 What Is Restorative Justice? 4 Decolonisation 6 Research Questions 13 Contributions 13 Chapter Summaries 16 Notes 18 References 20 2 Policy Transfer as a Tool of Decolonisation in the Caribbean 27 Dolowitz and Marsh Framework 32 Who Is Involved in Policy Transfer? 32 What Is the Motivation to Engage in Policy Transfer? 34 What Is Being Transferred? 35 From Where Is Information Transferred? 35 What Is the Degree of Transfer? 35 What Enables or Constrains Policy Transfer? 35 How Do These Factors Affect the Success or Failure of Policy Transfer? 36 Globalisation and Policy Transfer as a Tool of Colonialism 38 Justice Policy in the Caribbean 40 Methodology 42 Case Study Approach 43 Triangulation 45 Limitations of the Study 46 Ethical Considerations 50 Privacy 50 Researcher Effect 53 Conclusion 54 Notes 55 References 56 3 Crime, Politics, and Justice in Jamaica 64 Jamaican Class Structure 65 Jamaican Politics 68 Political Structure 68 Political Party Competitiveness, Clientelism, and Violence 70 Garrisons 72 Dons 73 Homogeneous Voting 74 The Rise of the Don and Organised Crime 74 Clientelism Continued: Appeasing the Elite 76 Clientelism Continued: International Stakeholders and the State 78 Donor Countries 78 IFIs 80 Jamaican Justice Policy 81 Consequences of Semi-Coercive Policy Transfer 82 A Shift Towards Opportunistic Policy Transfer 83 Conclusion 86 Notes 87 References 89 4 Decolonising Restorative Justice within a Jamaican Context 95 The Failure of the Formal Jamaican Justice System 95 Access to Justice 96 Bias and Corruption 97 Lack of Contextual Legislation 98 Inhumane Treatment of Prisoners 99 Dissatisfaction with the Justice System 99 Does RJ Work? 100 Retributive Aspects of RJ 100 Does RJ Work in Jamaica? 102 Is Decolonisation Possible? 102 Imagining Decolonised RJ in Jamaica 105 Decolonisation Framework 106 The Roots of RJ 106 Public Opinion 108 The Trunk of RJ 109 Civil Society 111 Other Non-State Actors 114 Dons and the Jungle Justice System 115 Maroons Justice System 117 The Branches of RJ 119 The Fruit of RJ 121 Conclusion 121 Notes 122 References 126 5 A History of Restorative Justice in Jamaica 134 History of Restorative Justice in Jamaica 134 RJ National Policy 134 Conclusion 149 Notes 149 References 151 6 Examining the Transfer of Restorative Justice Policy in Jamaica 153 Dolowitz and Marsh Policy Framework 153 Who Was Involved in Policy Transfer? 154 What Was the Motivation for Policy Transfer? 161 Where Was the Policy Transferred From? 163 What Was Transferred? 164 What Was the Degree of Transfer? 166 What Factors Constrained or Enabled Policy Transfer? 167 What Was the Impact of Policy Transfer? 169 Conclusion 169 Notes 172 References 173 Appendix One: Document Analysis 175 Appendix Two: Garrison Information 177 Appendix Three: Timeline 178 Index 184
Leanne Alexis Levers is a political scientist who works as a strategic advocacy, communications, and policy consultant, having in-depth knowledge of justice reform, global health, gender equality and racial justice. She is also the co-founder of Dope Black Women CIC, an award-winning global platform dedicating to the empowerment of Black women.
