Beyond the Punitive Lenient Duality: Restorative Justice and Authoritative Sanctioning for Juvenile Corrections

Source: (1998) Corrections Management Quarterly. 2(1): 1-15.

While juvenile justice systems have expanded the use of punishment, the sanctioning function has received little critical attention. This article proposes an authoritative approach to sanctioning juvenile crime based on restorative justice principles, which argue that what is most important in the response to crime is neither offender punishment nor treatment but rather repairing the harm crime causes. The article presents the implications of this focus for changing the context and content of sanctioning in juvenile corrections and describes how restorative sanctioning principles engage different participants in a distinctively different type of sanctioning process. This process is aimed at achieving different outcomes and requires new roles for victims, communities, offenders, and juvenile justice professionals in enhancing the safety and security of communities. In addition, rethinking the way juvenile courts carry out the sanctioning function and engage citizens and victims in a more meaningful process may be a prerequisite for more comprehensive reform aimed at preserving the juvenile court and its rehabilitative focus.