Restorative justice for wrongful convictions: a quasi-institutional approach

Abstract

The aftermath of wrongful convictions is a unique context for restorative justice, as well as a unique context for considering questions concerning the institutionalisation of restorative justice. In this chapter, we consider post-wrongful conviction cases where restorative justice processes emerged spontaneously, without the involvement of state institutions. We examine the case in favour of and against state-managed restorative justice as a distinctive set of practices for tackling wrongful convictions, ultimately advocating a “quasi-institutional approach.” From the perspective of this approach, the state can and should be involved in restorative justice practices that address wrongful convictions; however, such involvement can only be justified if it is limited to a strictly administrative role whereby state officials serve restorative justice processes directly controlled by the relevant parties—most notably, the wrongly convicted defendant, the victim of the offence, and, whenever possible and desirable, their families and friends.