Full Description
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.
Contents
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
