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Author(s): Odetunde Adeola Isiaka.

Volume/Issue: Volume 8 , Issue 1 (2025)

Abstract:

This study critically examines the effectiveness of restorative justice as an alternative to traditional punitive measures in handling corruption cases. Rooted in restorative justice theory, which emphasizes accountability, harm reparation, and reconciliation, the study explores whether mechanisms such as mediation, victim-offender dialogues, and community restitution can address corruption more effectively than punitive approaches like imprisonment and fines. The theoretical framework is supported by scholars such as Braithwaite and Zehr , who argue that restorative justice fosters transparency, encourages voluntary disclosures, and enhances public trust. However, challenges such as political interference, legal constraints, and concerns about leniency remain significant obstacles. Using a qualitative research approach, this study conducts a comparative analysis of case studies from South Africa, Colombia, Nigeria, and Brazil, where restorative justice mechanisms have been implemented in corruption cases. Data is collected from legal documents, anti-corruption reports, and expert interviews, with thematic analysis employed to evaluate effectiveness. Findings indicate that restorative justice leads to higher asset recovery rates and increased public trust but requires robust legal frameworks to prevent misuse. The study concludes that while restorative justice is not a standalone solution, it can complement punitive measures to create a more balanced and effective anti-corruption strategy. Keywords: Restorative Justice, Punitive measures, Corruption, Anti-corruption, legal constraints. Word Count: 198 This study critically examines the effectiveness of restorative justice as an alternative to traditional punitive measures in handling corruption cases. Rooted in restorative justice theory, which emphasizes accountability, harm reparation, and reconciliation, the study explores whether mechanisms such as mediation, victim-offender dialogues, and community restitution can address corruption more effectively than punitive approaches like imprisonment and fines. The theoretical framework is supported by scholars such as Braithwaite and Zehr , who argue that restorative justice fosters transparency, encourages voluntary disclosures, and enhances public trust. However, challenges such as political interference, legal constraints, and concerns about leniency remain significant obstacles. Using a qualitative research approach, this study conducts a comparative analysis of case studies from South Africa, Colombia, Nigeria, and Brazil, where restorative justice mechanisms have been implemented in corruption cases. Data is collected from legal documents, anti-corruption reports, and expert interviews, with thematic analysis employed to evaluate effectiveness. Findings indicate that restorative justice leads to higher asset recovery rates and increased public trust but requires robust legal frameworks to prevent misuse. The study concludes that while restorative justice is not a standalone solution, it can complement punitive measures to create a more balanced and effective anti-corruption strategy. Keywords: Restorative Justice, Punitive measures, Corruption, Anti-corruption, legal constraints. Word Count: 198 This study critically examines the effectiveness of restorative justice as an alternative to traditional punitive measures in handling corruption cases. Rooted in restorative justice theory, which emphasizes accountability, harm reparation, and reconciliation, the study explores whether mechanisms such as mediation, victim-offender dialogues, and community restitution can address corruption more effectively than punitive approaches like imprisonment and fines. The theoretical framework is supported by scholars such as Braithwaite (2002) and Zehr (2002), who argue that restorative justice fosters transparency, encourages voluntary disclosures, and enhances public trust. However, challenges such as political interference, legal constraints, and concerns about leniency remain significant obstacles. Using a qualitative research approach, this study conducts a comparative analysis of case studies from South Africa, Colombia, Nigeria, and Brazil, where restorative justice mechanisms have been implemented in corruption cases. Data is collected from legal documents, anti-corruption reports, and expert interviews, with thematic analysis employed to evaluate effectiveness. Findings indicate that restorative justice leads to higher asset recovery rates and increased public trust but requires robust legal frameworks to prevent misuse. The study concludes that while restorative justice is not a standalone solution, it can complement punitive measures to create a more balanced and effective anti-corruption strategy

Keywords:

Restorative Justice, Punitive Measures, Corruption, Anti-corruption, Legal Constraints.

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