Restorative Justice and the Prosecutor

Source: (2000) Fordham Urban Law Review. 27:1651.

Frederick Gay begins this article with the remark that it is the ‘us versus them’ (good versus evil) mentality that pervades the traditional prosecutor’s office, or at least the desires of young lawyers in deciding to join the ranks of prosecutors. Soon the realities of overcrowded prison, jails, and community corrections facilities bring home to the young prosecutor that not every ‘bad guy’ is going to do the time deserved. The perception that such injustice is all too common wears at the young prosecutor. Gay argues that it is within this context that the concept of restorative justice may have a chance of taking root in the prosecutor’s office. When prosecutors realize they are key gatekeepers in the whole criminal justice system, it becomes possible for them to make the paradigm shift from retributive to restorative justice, an approach that addresses public safety demands and better meets the needs of the victim and the community.