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35 Harv. J.L. & Gender 311 (2012)
Tempering Idealism with Realism: Using Restorative Justice Processes to Promote Acceptance of Responsibility in Cases of Intimate Partner Violence

handle is hein.journals/hwlj35 and id is 315 raw text is: TEMPERING IDEALISM WITH REALISM: USING RESTORATIVE JUSTICE PROCESSES TO PROMOTE ACCEPTANCE OF RESPONSIBILITY IN CASES OF INTIMATE PARTNER VIOLENCE C. QUINCE HOPKINS* Introduction ............................................. 312 L The Importance of Public Truth-Telling and Acceptance of Responsibility to Victim Healing and Community Norm Change: Social and Psychological Perspectives............ 320 A. Benefits to Individual Victims .. .................... 321 1. Victim Allocution: Public Truth-Telling as a Component in Victim Recovery .................. 321 2. Offender Allocution: Acknowledgment of the Wrongful Act as a Component of Victim Recovery . 325 B. Benefits to Victims as a Group ....................... 327 C. Benefits to Society in General ........................ 328 II. Theoretical Support for Public Acceptance of Responsibility: The Benefits, Concepts, Practices, and Caveats of Therapeutic Jurisprudence, Restorative Justice, and Feminist Theory ........................................... 330 A. Therapeutic Jurisprudence. ........................ 331 B. Restorative Justice .. ............................. 332 III. Feminist Theory and Acceptance of Responsibility for Intimate Violence . .................................. 335 A. Dovetailing Feminist Jurisprudence and a Public Truth- Telling Approach to Domestic Violence............... 336 B. Specific Feminist Concerns About Diversion and Restorative Justice ..... .......................... 339 * Professor of Law, Florida Coastal School of Law. J.D. University of Maryland, J.S.M. and S.J.D. (ABD) Stanford Law School. The author thanks Brian Foley, Gertrude B. Hopkins, Mary P. Koss, David Millon, Greg Pingree, Christopher Roederer, Rebecca Razavi, Joan Shaughnessy for their helpful comments on earlier drafts of this article. My early thinking about the underlying ideas in this article was enriched by many conversa- tions with Lyman Johnson and Andrew McThenia on spiritual and theological aspects of apology and forgiveness. A special thank you to the members of the Harvard Journal of Law & Gender Editorial Board, particularly Emily Wales and Lindsay Reimschussel, for their exceedingly careful and tireless editorial work and thoughtful substantive sugges- tions. Drawing on the central thesis of this Article, the author presented a work in pro- gress, Violence and Power Along the Gender Axis: Restorative Justice for Violence within the LGBT Community, at the Harvard Journal of Law & Gender Symposium, TRAN- SCENDING BARRIERS: STRATEGIES FOR CHANGE IN TRANSGENDER RIGHTS, in March 2012. The author thanks Journal Co-Editor-in-Chief, Ryan Blodgett, Managing Editor Hilary D'Angelo, and the Symposium organizers, Joanne Ciceres, Samantha Cochran, and Cait- lin Pratt, for their work in organizing the symposium.

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