Restorative Justice and a New Criminal Law of Substance Abuse

Abstract

The healing process of restorative justice might contribute to the treatment of substance abuse because it can deliver the love and caring to motivate holistic change in a life. Restorative justice is about repairing injustice, and there are important ways that substance abuse is implicated in the generation of injustice. Some case studies illustrate how (a) a restorative approach to substance abuse can catalyze confrontation of a profound community injustice and (b) confronting injustice can help tackle substance abuse. At present, most restorative justice programs fail to achieve either dynamic, sweeping substance abuse under the carpet. Criminalization of the harm caused by substance abuse (e.g., burglary to support a heroin habit) may be an effective way of reducing substance abuse when it is used to trigger well-designed restorative processes. The research and development needed to test this hypothesis is outlined.