RESTORATIVE JUSTICE. AFFIRMATIVE ACTION SENTENCING LEGISLATION AND THE CANUCKS: LESSONS FROM OUR NORTHERN NEIGHBOR.

Source: (2008) Washington University Global Studies Law Review. 7(3):661-681.

This Note explores whether incorporating a restorative
justice philosophy can begin to break the systemic racism that infiltrates
the U.S. criminal justice system. Specifically, this Note looks at Canada’s
decision to implement a form of affirmative action that incorporates
restorative justice in its sentencing procedures. Part I further details
racially disparate sentencing in both the United States and Canada. Part II
introduces the theory of restorative justice, details how restorative justice is being integrated in both countries and examines how restorative justice
addresses racially disproportionate sentencing in Canada. Part III discusses
why Canada’s attempt to use restorative justice legislation to curb
disparate prison sentencing practices against minorities should not be
applied in the United States at present. Finally, this Note suggests that
despite all this, it is important for the United States to push forward in
restorative justice programs. (excerpt)