Inside the restorative justice black box

Abstract

This paper is concerned with why and how restorative justice works to alleviate the emotional effects of crime on victims. It posits a new explanation for the ‘aha’ moment; the turning point seen in some, though not all, restorative justice conferences where longstanding, negative emotions and beliefs that have persistently dogged a victim since the crime event, affecting their ability to enjoy the same everyday activities as in their pre-crime daily life, are seemingly eliminated. Focusing on victim experiences, an in-depth analysis of 20 cases collected as part of an empirical study into post-sentencing restorative justice practice after serious crime shows how a typical restorative process can mimic the conditions needed for ‘memory reconsolidation’, a powerful and adaptive neurobiological mechanism that rewrites emotional memories. The findings suggest that the process of memory reconsolidation is a unique tool in the restorative justice ‘black box’. While the use of restorative justice within Western criminal justice systems is routine for juvenile offenders following minor crimes, greater attention should be paid to victim-focused models in the aftermath of crime experienced traumatically; these include post-sentencing practices.