Decolonising Restorative Justice

Foreword by Dr. Anthony Harriott ix

Foreword by Dr. Lloyd Barnett, OJ, PhD, LLD (Hon) xi

Acknowledgements xiii

1 Decolonisation and Restorative Justice 1

What Is Restorative Justice? 4

Decolonisation 6

Research Questions 13

Contributions 13

Chapter Summaries 16

Notes 18

References 20

2 Policy Transfer as a Tool of Decolonisation in the Caribbean 27

Dolowitz and Marsh Framework 32

Who Is Involved in Policy Transfer? 32

What Is the Motivation to Engage in Policy Transfer? 34

What Is Being Transferred? 35

From Where Is Information Transferred? 35

What Is the Degree of Transfer? 35

What Enables or Constrains Policy Transfer? 35

How Do These Factors Affect the Success or Failure of Policy Transfer? 36

Globalisation and Policy Transfer as a Tool of Colonialism 38

Justice Policy in the Caribbean 40

Methodology 42

Case Study Approach 43

Triangulation 45

Limitations of the Study 46

Ethical Considerations 50

Privacy 50

Researcher Effect 53

Conclusion 54

Notes 55

References 56

3 Crime, Politics, and Justice in Jamaica 64

Jamaican Class Structure 65

Jamaican Politics 68

Political Structure 68

Political Party Competitiveness, Clientelism, and Violence 70

Garrisons 72

Dons 73

Homogeneous Voting 74

The Rise of the Don and Organised Crime 74

Clientelism Continued: Appeasing the Elite 76

Clientelism Continued: International Stakeholders and the

State 78

Donor Countries 78

IFIs 80

Jamaican Justice Policy 81

Consequences of Semi-Coercive Policy Transfer 82

A Shift Towards Opportunistic Policy Transfer 83

Conclusion 86

Notes 87

References 89

4 Decolonising Restorative Justice within a Jamaican Context 95

The Failure of the Formal Jamaican Justice System 95

Access to Justice 96

Bias and Corruption 97

Lack of Contextual Legislation 98

Inhumane Treatment of Prisoners 99

Dissatisfaction with the Justice System 99

Does RJ Work? 100

Retributive Aspects of RJ 100

Does RJ Work in Jamaica? 102

Is Decolonisation Possible? 102

Imagining Decolonised RJ in Jamaica 105

Decolonisation Framework 106

The Roots of RJ 106

Public Opinion 108

The Trunk of RJ 109

Civil Society 111

Other Non-State Actors 114

Dons and the Jungle Justice System 115

Maroons Justice System 117

The Branches of RJ 119

The Fruit of RJ 121

Conclusion 121

Notes 122

References 126

5 A History of Restorative Justice in Jamaica 134

History of Restorative Justice in Jamaica 134

RJ National Policy 134

Conclusion 149

Notes 149

References 151

6 Examining the Transfer of Restorative Justice Policy in Jamaica 153

Dolowitz and Marsh Policy Framework 153

Who Was Involved in Policy Transfer? 154

What Was the Motivation for Policy Transfer? 161

Where Was the Policy Transferred From? 163

What Was Transferred? 164

What Was the Degree of Transfer? 166

What Factors Constrained or Enabled Policy Transfer? 167

What Was the Impact of Policy Transfer? 169

Conclusion 169

Notes 172

References 173

Appendix One: Document Analysis 175

Appendix Two: Garrison Information 177

Appendix Three: Timeline 178

Index 184