In public discourse it is commonly taken for granted that the usual response to the commission of a crime should, when possible, be a court trial followed by judicial punishment of the perpetrator.
An edition of Restorative Justice
(2001)
Restorative justice
ideas, values, debates
by Gerry Johnstone
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Subjects
Sociological jurisprudence, Médiation pénale, Droit, Justice réparatrice, Services correctionnels, Restorative justice, Victimes d'actes criminels, Philosophie, Criminal justice, administration of, SOCIAL SCIENCE, Criminology, Strafrechtspleging, Slachtoffers, Daders, Conflictmanagement, Schadevergoeding, Opferentschädigung, Wiedergutmachung, Justice reparatrice, Mediation penale, Law, great britainShowing 2 featured editions. View all 16 editions?
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Restorative Justice: Ideas, Values, Debates
September 2001, Willan Publishing (UK)
Hardcover
in English
1903240433 9781903240434
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Book Details
Table of Contents
Machine generated contents note: 1 Introduction 1
2 Central themes and critical issues 10
Introduction 10
Core themes 11
Differences which have surfaced in the move from
margins to mainstream 15
The claims of restorative justice: a brief examination 21
Some limitations of restorative justice 25
Some dangers of restorative justice 29
Debunking restorative justice 32
3 Reviving restorative justice traditions 36
The rebirth of an ancient practice 36
Pre-modem criminal justice 37
The renaissance of native justice traditions 43
Navajo peacemaking 44
Can one characterise ancient and indigenous
justice as restorative? 47
Can one revive restorative justice traditions? 49
Conclusion: did restorative justice ever die? 59
4 Healing the victim 62
Introduction 62
The experiences and needs of victims 64
The inadequacy of punitive justice for the victim 67
Victim reforms 70
Restitution from the offender 74
Beyond restitution: restoring victims 76
Restorative justice or 'clubbing together'? 78
Using victims to rehabilitate offenders 81
Paternalism towards victims 83
Balancing the needs of the victim with those of society 84
5 A restorative approach to offenders 87
Introduction 87
Restorative justice as an alternative to retributive justice 88
Restorative justice as an alternative to treatment 94
The goals and methods of restorative justice in relation
to offenders 95
An alternative to punishment or an alternative form of
punishment? 106
An alternative to treatment? 111
6 Shame, apology and forgiveness 114
Introduction 114
Restorative cautioning 115
The psychological routes of restorative conferencing 116
The idea of reintegrative shaming 118
Some questions about shaming 123
Apology and forgiveness 132
7 Mediation, participation and the role of community 136
Introduction: handling criminal conflicts 136
The rationale for the restorative justice process 140
Achieving restorative goals 141
Moral development and the strengthening of community 144
The role of community 151
8 The future of restorative justice 161
Introduction 161
Implementing restorative justice: the paths less likely 163
The implementation of restorative techniques 166
Restorative justice and the pattern of penal control 169
The future of restorative justice research 170
Appendix to chapter 3: the theological roots of judicial
punishment 172.
Edition Notes
Includes bibliographical references and index.
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