Source: Prof Victoria Robinson, UC Berkeley
Tags: justice, equality, restorative justice, prison industrial complex, PIC, Eric Garner, housing injustice, Japanese internment, E.O. 9066, Trayvon Martin, Rodney King, reparations, due process
Justice in this course has two definitions: equality (fair treatment regardless of identity) and restorative (repairing harm rather than caging people). The tension between these two forms runs through every major case study in the course, from Eric Garner to Japanese internment to the murder of Trayvon Martin. The exam keyword framework is definition, time/place (x-axis), importance (y-axis).
Justice as equality
The principle that all people should be treated fairly regardless of nationality, race, ethnicity, or socioeconomic class. Justice should not be shaped by wealth, power, or beliefs, only by material facts and events.
Justice as restorative
The principle that justice should not cage or isolate people from society during or after imprisonment. It should not encourage recidivism but instead promote healthy communities and work toward eliminating the need to incarcerate. Takes the form of restorative and reparation justice.
Prison Industrial Complex (PIC)
The web of government, economic, and corporate interests that sustain and expand the prison system. Includes surveillance, policing, and incarceration. The course's restorative justice framework points toward its complete destruction.
Recidivism
The cycle by which convicted persons find it extremely difficult to return to and contribute to society, leading them back into the justice system. Restorative justice aims to break this cycle.
Due process
The legal right of defendants to a fair trial and proper legal proceedings. Central to the equality definition of justice.
Habeas corpus
The legal principle requiring that a detained person be brought before a court. Denied to Arabs and Muslims during the post-9/11 virtual internment.
The course frames justice through two lenses that sometimes conflict
Equality: procedural fairness, equal treatment before the law
Restorative: community healing, rehabilitation over punishment
The central tension is striking a balance between genuine equality and the ideal form of restorative justice
The end goal in this framework is reducing crime in communities until the PIC can be completely eliminated
For each case, the exam expects you to address three axes
Definition: which definition of justice applies (equality, restorative, or both)
Time/place (x-axis): when and where the event occurred
Importance (y-axis): why it matters in the broader context of racial justice
Grand jury decided not to indict Officer Pantaleo on 3 December 2014 in Richmond County
Equality definition: not fulfilled. Garner was treated differently because of his skin colour and physique.
Restorative definition: partially fulfilled if trial was given for due process, but not fulfilled because many believed the officer was guilty beyond doubt and deserved to be jailed
This case illustrates how both definitions can be violated simultaneously
African Americans were restricted in neighbourhood choice, denied equality in housing access
Source: "The Case for Reparations" by Ta-Nehisi Coates
Connected to redlining and the broader system of spatial segregation
Passed by Congress in Washington DC, with the federal government declaring jurisdiction over Native peoples
Neither equal nor restorative: it isolated Native people from families and dismissed tribal justice efforts as too mild and rehabilitative
Source: "From Broken Homes to a Broken System" by Sari Houitz
FDR's Executive Order 9066, signed 19 February 1942, following the Pearl Harbor attack
Citizenship was nullified; Japanese Americans were assumed disloyal
Created inequality through compulsory registration, citizenship renunciation, and prolonged detainment
Restorative justice was entirely absent: the state used punitive measures even when there was no wrongdoing
Source: "Internment and Renunciation" by Mai Ngan
Mass investigations, rounding up people without representation or charges
Sealed procedures hidden from the public
Denied equal treatment: no proper process, no counsel, no habeas corpus
Connects to Hatem Bazian's concept of "virtual internment," quasi-visible but repressive government structures
Riots from 29 April to 4 May 1992 following the unjust beating of King and the officers' acquittal
Demonstrated a collective response to the failure of justice
Connected to broader patterns of police violence against Black communities
Killed on 26 February 2012
Targeted because of his Black body
Lack of restoration: the perpetrator did not take milder or rehabilitative measures, choosing a deadly weapon against a youth
Illustrates both the failure of equality (racial targeting) and restorative justice (lethal force over de-escalation)
⚠️ The exam keyword framework (definition, time/place, importance) applies to every case study. For each example, be ready to explain which definition of justice was violated and how.
⚠️ The two definitions of justice are not always in harmony. A case can satisfy one (e.g. due process was technically available) while violating the other (e.g. the system encouraged punishment over restoration). Be prepared to discuss this tension.
⚠️ Do not just list examples. The exam asks you to relate and contrast cases using the justice framework.
⚠️ Know the specific dates, locations, and source texts for each case. Several blanks in the original notes (housing injustice dates, Major Crimes Act year) suggest these are details the professor expects you to fill in from readings.
Q: What are the two definitions of justice used in this course, and how do they differ?
A: Justice as equality means treating all people fairly regardless of identity, based only on material facts. Justice as restorative means the system should not cage or isolate people but should promote healthy communities and work toward eliminating incarceration. Equality focuses on procedural fairness; restorative focuses on community healing.
Q: How does Eric Garner's case illustrate the tension between the two definitions of justice?
A: The equality definition was violated because Garner was treated differently due to his skin colour and physique. The restorative definition was partially at play: some argued due process was served if a trial occurred, but others believed the officer was clearly guilty, meaning the system failed to deliver meaningful accountability under either framework.
Q: Why does the course frame the virtual internment of Arabs and Muslims after 9/11 as a failure of justice?
A: It violated the equality definition through mass investigations without charges, sealed procedures, and denial of habeas corpus. People were rounded up without representation. The lack of due process and equal treatment mirrors historical patterns of racial injustice applied to new target groups.
Q: How does Executive Order 9066 illustrate the absence of restorative justice?
A: Japanese Americans were subjected to compulsory registration, citizenship renunciation, and prolonged detainment despite having committed no wrongdoing. The state's response was entirely punitive, reflecting a complete lack of belief in restorative or rehabilitative approaches.
justice, equality, restorative justice, reparation justice, prison industrial complex, PIC, recidivism, due process, habeas corpus, Eric Garner, Pantaleo, housing injustice, redlining, Ta-Nehisi Coates, Major Crimes Act, Native American sovereignty, E.O. 9066, Japanese internment, Mai Ngan, virtual internment, Islamophobia, Hatem Bazian, Rodney King riots, Trayvon Martin, racial profiling, police violence, carcerality