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9 Wake Forest L. Rev. Online 53 (2019)
Eradicating the Label "Offender" from the Lexicon of Restorative Practices and Criminal Justice

handle is hein.journals/wflron9 and id is 53 raw text is: ERADICATING THE LABEL OFFENDER FROM THE
LEXICON OF RESTORATIVE PRACTICES AND
CRIMINAL JUSTICE
Lynn S. Branham
This Essay enumerates three reasons for abandoning the
prevailing practice of utilizing the label offender when
referring to a person who has committed a crime. The Essay
next identifies and debunks reasons that have been cited for
persisting in referring to a person as an offender. The Essay
then explores the question of what term or terms could
supplant this label and profiles signs of emerging support for
desisting from the convention of calling people offenders.
One of the themes that permeates this Essay is that the
language we use when referring to people can thwart systemic
and cultural change - in this context, a change in how people
who have committed a crime are viewed and treated, both
within the criminal-justice system and by society at large.
For years, I had no compunction about calling people in the
criminal-justice system offenders. References to offenders were
sprinkled throughout my writings, both my books and articles. Then
my world changed.
Embarking on studies for a Master of Science in Restorative
Practices, I began delving deeply into a construct unlike any typically
encountered in the world of law, policy, procedures, and programs in
which I have been immersed throughout my career as a law professor
and criminal-justice reformer. In this new construct marked by what
* Visiting Professor of Law, Saint Louis University School of Law. B.A.,
University of Illinois; J.D., University of Chicago Law School; M.S., International
Institute for Restorative Practices (IIRP). I would like to thank Professor Molly
Walker Wilson for her feedback on this Essay and IIRP faculty members, Dr.
Craig Adamson, Dr. John Bailie, and Mary Jo Hebling, as well as fellow attorneys
and IIRP students, Tina Murua and Professor Emily Scivoletto, for their
comments on course-related papers that were the prelude to the Essay. I would
also like to extend my gratitude to the people from whom I obtained qualitative
data, integrated into this Essay, about the term offender during an action-
research project I conducted under IIRP's auspices. Finally, I am indebted to the
students at the Wake Forest Law Review whose work has made it possible for me
to share information and ideas that can impact how we think and talk about those
who have committed crimes.

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