On May 4, 2017, UAlberta Law Professor Annalise Acorn presented a paper entitled, "You First: process, narrative and responsibility in traditional and restorative justice practices" at the University of Oxford, Faculty of Law.
In her paper, Prof. Acorn examined the historical and philosophical foundations of a staple of the criminal trial: the rule that the prosecution always goes first.
Drawing on Aeschylus's Oresteia trilogy, the Grágás (Grey Goose) laws of 12th and 13th century Iceland regarding homicide, and the traditional law of British Columbia's Gitanmaax (Gitxsan) people relating to accidents and death, Prof. Acorn questioned whether this procedural structure is appropriate to restorative justice practices. In the paper, Prof. Acorn argued that the radical aspirations of restorative justice - in particular its aspiration to re-conceive justice as right-relation - are ill-served by the dynamic resulting from this procedural framework.
Prof. Acorn argued that it would be better to flip the restorative justice conference, with the offender going first. Requiring the offender to narrate their experience and explain their reasons for action would position restorative justice as a more compelling alternative to the traditional justice system.