Journal of Social Issues, Vol. 62, No. 2, 2006, pp. 327--346 Reintegrative Shaming, Shame, and Criminal Justice Nathan Harris∗ Institute of Criminology, University of Cambridge This study tested the implication of reintegrative shaming theory (RST) (Braithwaite, 1989) that social disapproval (shaming) has an effect on the emotions that offend- ers feel. Interviews were conducted with 720 participants who had recently at- tended a court case or family group conference in the Australian Capital Territory, having been apprehended for driving while over the legal alcohol limit. Analyses show that shame-related emotions were predicted by perceptions of social dis- approval, but that the relationship was more complex than expected. Differences between the shame-related emotions may have implications for theory. Compar- isons between the court cases and family group conferences were consistent with expectations that restorative justice interventions would be more reintegrative, but also showed that they were not perceived as less stigmatizing. Restorative justice presents an alternative to the traditional criminal justice system that redefines the goals of justice as well as the way in which people interact with its institutions (Zehr, 1990). Its philosophy promotes a focus upon repairing the harm caused by an offence rather than on punishing the offender. In attempting to achieve this goal, it advocates practices in which people come together in a setting that allows the consequences of an offence to be addressed by those who it affected. One theoretical perspective, which supports this approach, and has been influential in its development, is reintegrative shaming theory (RST) ∗Correspondence concerning this article should be addressed to Nathan Harris, Regulatory Insti- tutions Network, Research School of Social Science, Australian National University, Australian Capital Territory 0200 [e-mail:
[email protected]].