Governing Paradoxes of Restorative Justice PDF Download

Author: George Pavlich
Publisher: Routledge
ISBN: 1136641750
Category : Law
Languages : en
Pages : 149

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Book Description
Restorative justice is the policy of eschewing traditional punishments in favour of group counselling involving both victims and perpetrators. Until now there has been no critical analysis of governmental rationales that legitimize restorative practices over traditional approaches but Governing Practices of Restorative Justice fills this gap and addresses the mentalities of governance most prominent in restorative justice. The author provides comprehensible commentary on the central images of this discursive arena in a style accessible to participants and observers alike of restorative justice.

Author: Annalise E. Acorn
Publisher: UBC Press
ISBN: 9780774809436
Category : Education
Languages : en
Pages : 226

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Book Description
Restorative justice is often touted as the humane and politically progressive alternative to the rigid philosophy of retributive punishment that underpins many of the world's judicial systems. Emotionally seductive, its rhetoric appeals to a desire for a "right-relation" among individuals and communities, an offers us a vision of justice that allows for the mutual healing of victim and offender, and with it, a sense of communal repair. In Compulsory Compassion, Annalise Acorn, a one-time advocate for restorative justice, deconstructs the rhetoric of the restorative movement. Drawing from diverse legal, literary, philosophical, and autobiographical sources, she questions the fundamental assumptions behind that rhetoric: that we can trust wrongdoers' performances of contrition; that healing lies in a respectful, face-to-face encounter between victim and offender; and that the restorative idea of right-relation holds the key to a reconciliation of justice and accountability on the one hand, with love and compassion on the other.

Author: Heather Strang
Publisher: Cambridge University Press
ISBN: 9780521000536
Category : Law
Languages : en
Pages : 268

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Book Description
Advocates of restorative justice question the state's ability to deliver satisfactory justice to the community, both in criminal and other cases. This collaborative 2001 volume looks at the burgeoning restorative justice movement and considers the relationship between restorative justice and civil society, examining debates and exploring ideas about who should 'control' restorative justice, the state or civil society. A diverse range of chapters, written by leaders in the field, engage with different aspects of restorative justice. Genuinely international, the book addresses aspects of civil society including schools, families, churches and private workplaces, the women's movement, victims of crime and indigenous groups. It also considers broader issues such as democracy, human rights, access and equity. A dynamic and provocative volume, this book attempts to bring the ideals of restorative justice to life so that victims, offenders, their families and communities have more of a say in the justice process.

Author: Heather Strang
Publisher: Cambridge University Press
ISBN: 9780521521659
Category : Family & Relationships
Languages : en
Pages : 304

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Book Description
This 2002 book addresses one of the most controversial topics in restorative justice: its potential for dealing with conflicts within families. Most restorative justice programs specifically exclude family violence as an appropriate offence to be dealt with this way. This book focuses on the issues in family violence that may warrant special caution about restorative justice, in particular, feminist and indigenous concerns. At the same time it looks for ways of designing a place for restorative interventions that respond to these concerns. Further, it asks whether there are ways that restorative processes can contribute to reducing and preventing family violence, to healing its survivors and to confronting the wellsprings of this violence. The book discusses the shortcomings of the present criminal justice response to family violence. It suggests that these shortcomings require us to explore other ways of addressing this apparently intractable problem.

Author: Heather Strang
Publisher: Oxford University Press on Demand
ISBN: 9780199251643
Category : Law
Languages : en
Pages : 298

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Book Description
This book addresses the role of victims in our criminal justice system and the shortcomings they perceive in the way they are treated. It examines whether restorative justice can offer them more justice than they receive from the formal court-based system.Research into the shortcomings of the court-based system has identified a number of issues that victims want to address. In brief, they want a less formal process where their views count, more information about both the processing and the outcome of their case, a greater opportunity forparticipation in the way their case is dealt with, fairer and more respectful treatment, and emotional as well as material restoration as an outcome. Over the past three decades, the victim movement worldwide has agitated for an enhanced role for victims in criminal justice. Despite some successes,it appears that structural as well as political factors may mean that victims have won as much as they are likely to gain from formal justice.A series of randomized controlled trials in Canberra, known as the Reintegrative Shaming Experiments (RISE), has provided an opportunity to compare rigorously the impact on victims of court-based justice with a restorative justice program known as conferencing. In these experiments, middle-rangeproperty and violent offences committed by young offenders were assigned either to court (as they would normally have been treated) or to a conference. Empirical evidence from RISE examined in this book suggests that the restorative alternative of conferencing more often than court has the capacity to give victims what they say they want in achieving meaningful victim participation and restoration, especially emotional restoration.

Author: Martin Wright
Publisher: Waterside Press
ISBN: 187287035X
Category : Corrections
Languages : en
Pages : 226

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Book Description
Martin Wrightís original ground-breaking and influential analysis of the defects of the adversarial system of justice, plus the arguments in favour of a more constructive and victim-oriented approach. A book that has had a major influence on victimsí issues and restorative justice - and that is essential reading for anyone wishing to understand these developments. One of the most compelling arguments about the need for change in relation to victims and offenders. A critically acclaimed and key work in the annals of criminal justice.

Author: Elizabeth M. Elliott
Publisher: Fernwood Publishing
ISBN: 1773633198
Category : Social Science
Languages : en
Pages : 253

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Book Description
Restorative justice, as it exists in Canada and the U.S., has been co-opted and relegated to the sidelines of the dominant criminal justice system. In Security, With Care, Elizabeth M. Elliott argues that restorative justice cannot be actualized solely within the criminal justice system. If it isn’t who we are, says Elliott, then the policies will never be sustainable. Restorative justice must be more than a program within the current system – it must be a new paradigm for responding to harm and conflict. Facilitating this shift requires a rethinking of the assumptions around punishment and justice, placing emphasis instead on values and relationships. But if we can achieve this change, we have the potential to build a healthier, more ethical and more democratic society.

Author: Theo Gavrielides
Publisher: Routledge
ISBN: 1317041798
Category : Law
Languages : en
Pages : 608

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Book Description
This up-to-date resource on restorative justice theory and practice is the literature’s most comprehensive and authoritative review of original research in new and contested areas. Bringing together contributors from across a range of jurisdictions, disciplines and legal traditions, this edited collection provides a concise, but critical review of existing theory and practice in restorative justice. Authors identify key developments, theoretical arguments and new empirical evidence, evaluating their merits and demerits, before turning the reader’s attention to further concerns informing and improving the future of restorative justice. Divided into four parts, the Handbook includes papers written by leading scholars on new theory, empirical evidence of implementation, critiques and the future of restorative justice. This companion is essential reading for scholars of restorative justice, criminology, social theory, psychology, law, human rights and criminal justice, as well as researchers, policymakers, practitioners and campaigners from around the world.

Author: Theo Gavrielides
Publisher: Routledge
ISBN: 1351965328
Category : Law
Languages : en
Pages : 551

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Book Description
The legitimacy and performance of the traditional criminal justice system is the subject of intense scrutiny as the world economic crisis continues to put pressure on governments to cut the costs of the criminal justice system. This volume brings together the leading work on restorative justice to achieve two objectives: to construct a comprehensive and up-to-date conceptual framework for restorative justice suitable even for newcomers; and to challenge the barriers of restorative justice in the hope of taking its theory and practice a step further. The selected articles start by answering some fundamental questions about restorative justice regarding its historical and philosophical origins, and challenge the concept by bringing into the debate the human rights and equality discourses. Also included is material based on empirical testing of restorative justice claims especially those impacting on reoffending rates, victim satisfaction and reintegration. The volume concludes with a critique of restorative justice as well as with analytical thinking that aims to push its barriers. It is hoped that the investigations offered by this volume not only offer hope for a better system for abolitionists and reformists, but also new and convincing evidence to persuade the sceptics in the debate over restorative justice.

Author: Lindsey Pointer
Publisher: Routledge
ISBN: 1000331873
Category : Law
Languages : en
Pages : 151

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Book Description
Restorative justice is an innovative approach to responding to crime and conflict that shifts the focus away from laws and punishment to instead consider the harm caused and what is needed to repair that harm and make things right. Interest in restorative justice is rapidly expanding, with new applications continuously emerging around the world. The restorative philosophy and conference process have shown great promise in providing a justice response that heals individuals and strengthens the community. Still, a few key questions remain unanswered. First, how is the personal and relational transformation apparent in the restorative justice process achieved? What can be done to safeguard and enhance that effectiveness? Second, can restorative justice satisfy the wider public’s need for a reaffirmation of communal norms following a crime, particularly in comparison to the criminal trial? And finally, given its primary focus on making amends at an interpersonal level, does restorative justice routinely fail to address larger, structural injustices? This book engages with these three critical questions through an understanding of restorative justice as a ritual. It proffers three dominant ritual functions related to the performance of justice: the normative, the transformative, and the proleptic. Two justice rituals, namely, the criminal trial and the restorative justice conference, are examined through this framework in order to understand how each process fulfills, or fails to fulfill, the multifaceted human need for justice. The book will be of interest to students, academics, and practitioners working in the areas of Restorative Justice, Criminal Law, and Criminology.