Restorative Justice On Trial

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Restorative Justice on Trial

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Restorative Justice on Trial by H. Messmer,H.U. Otto Book Resume:

Victim-offender mediation schemes have experienced significant growth in the last decade. They are seen as an important and innovative alternative to the traditional sanctions of the criminal justice system. After a critical look at mediation schemes in the United States and Canada, most European countries have also increased their efforts to develop informal strategies to deal with deviant behavior. In terms of their legal and organizational base, it turns out that type, extent, and capacities for development are quite different in the individual countries -resulting in a remarkable diversity of programs with different outcomes. The contributions in this book are revised and edited versions of papers presented at the NATO Advanced Research Workshop Conflict, Crime and Reconciliation: The Organization of Welfare Intervention in the Field of Restitutive Justice in April 1991 at Il Ciocco, Italy. The chapters document the present stage of restorative justice in the individual countries, critically assess legal constraints and public needs, discuss the organizational requirements of implementation, and also evaluate outcomes in a broader context of crime and social policy. In the long run, this book should encourage further debates in the field of restorative justice and help build valid guidelines for an international evaluation research.

Victim Policies and Criminal Justice on the Road to Restorative Justice

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Victim Policies and Criminal Justice on the Road to Restorative Justice by Stephan Parmentier,Tony Peters Book Resume:

This edited volume contains 22 papers organized into three sections under the following headings: part I is entitled On Promoting Victim Policies; Part II On Reforming Criminal Justice; and Part III On Restorative Justice. All three areas are ones to which Tony Peters, former Professor of Criminology in Leuven, has made a significant contribution and for which he is known as an international authority. During his long and productive academic career Tony Peters led many struggles for criminal justice reform. He was a leading figure in the movement to recognize crime victims' plight and to reaffirm their rights. In Belgium, he spearheaded the early initiatives in restorative justice and became one of its outspoken proponents nationally and internationally. There is no doubt that these three major topics and the various developments and reforms that are addressed in the papers will dominate the thinking about, and the practice of, criminal justice in the years to come. Thus, in addition to paying homage to a congenial friend and an illustrious colleague, it is hoped that this book will appeal and prove useful to all those who have an interest in victims issues, in criminal justice reform, and last but not least, in the promising paradigm of restorative justice.

Restorative Justice

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Restorative Justice by Burt Galaway,Joe Hudson Book Resume:

This edited collection considers the theory, research and practice of restorative justice in Australia, New Zealand, the US, Canada, England and Wales, Japan and Germany. There is also one section dedicated to restorative justice practice among Indigenous peoples.

Family Mediation in Europe

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Family Mediation in Europe by Conseil de l'Europe Book Resume:

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La médiation pénale en France et aux Etats-Unis

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La médiation pénale en France et aux Etats-Unis by Jean-Pierre Bonafé-Schmitt Book Resume:

En France, la médiation en matière pénale est un phénomène récent si l'on se réfère aux expériences nord-américaines et elle représente aussi un phénomène complexe, car en France comme aux Etats-Unis, il n'y a pas un modèle, mais des modèles de médiation qui traduisent d'une certaine manière les différentes logiques qui sont à l'oeuvre dans chaque pays. Après avoir dressé un historique de la médiation pénale en France et aux Etats-Unis, l'auteur analyse les pratiques de médiation dans les deux pays à partir de l'étude de deux expériences : celle d'AIV Grenoble et celle du Citizen Council à Minneapolis. Il ressort de cette analyse que la médiation pénale ne constitue pas une simple technique de gestion des conflits, mais elle traduit aussi l'émergence d'un nouveau modèle plus consensuel de gestion des conflits, comme en témoigne, aux Etats-Unis, le débat sur la " justice restaurative ". L'auteur soutient la thèse que l'on ne mesure pas encore pleinement l'impact de cette recomposition, car les différents projets de médiation ne sont pas encore autonomisés par rapport au modèle judiciaire et fonctionnent trop souvent à " l'ombre des tribunaux " ce qui en pervertit le sens. L'auteur considère que le développement de ces modes de régulation des conflits relève d'une " contre-culture " et que le développement des expériences de médiation ne pourra s'opérer qu'à la condition d'une redéfinition des relations entre la société civile et l'Etat, et plus particulièrement, celle de la légitimité du pouvoir de régler les litiges. L'ouvrage s'adresse aussi bien aux praticiens, aux chercheurs qu'à tous ceux qui s'intéressent à la gestion des conflits en matière pénale.

The Trial on Trial: Volume 2

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The Trial on Trial: Volume 2 by R A Duff,Lindsay Farmer,Sandra Marshall,Victor Tadros Book Resume:

What are the aims of a criminal trial? What social functions should it perform? And how is the trial as a political institution linked to other institutions in a democratic polity? What follows if we understand a criminal trial as calling a defendant to answer to a charge of criminal wrongdoing and, if he is judged to be responsible for such wrongdoing, to account for his conduct? A normative theory of the trial, an account of what trials ought to be and of what ends they should serve, must take these central aspects of the trial seriously; but they raise a number of difficult questions. They suggest that the trial should be seen as a communicative process: but what kinds of communication should it involve? What kind of political theory does a communicative conception of the trial require? Can trials ever actually amount to more than the imposition of state power on the defendant? What political role might trials play in conflicts that must deal not simply with issues of individual responsibility but with broader collective wrongs, including wrongs perpetrated by, or in the name of, the state? These are the issues addressed by the essays in this volume. The third volume in this series, in which the four editors of this volume develop their own normative account, will be published in 2007.

Introduction au droit pénal

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Introduction au droit pénal by Françoise Tulkens,Michel van de Kerchove Book Resume:

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Justice quarterly

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Justice quarterly by N.A Book Resume:

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Making Amends

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Making Amends by Gwynn Davis Book Resume:

Reparation, or making amends, is an ancient theme in criminal justice. It was revived in both Europe and North America in the 1980s as a practical alternative both to retributivism, and to the various utilitarian projects traditionally associated with retributive justice.Making Amends examines the practice of these schemes in the UK, USA, and Germany, and shows how criminal justice institutions were unresponsive to these attempts to cast justice in a new form. Yet the experiments reflected an abiding dissatisfaction with criminal courts and with the manner in which justice is conceived and expressed within the criminal framework. The authors' conclusions therefore have implications for the workings of the criminal justice system as a whole.

Qu'as-tu fait de ton frère?

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Qu'as-tu fait de ton frère? by Georges Kellens Book Resume:

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Restorative Justice

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Restorative Justice by Dennis Sullivan,Larry Tifft Book Resume:

This bold, uncompromising essay offers a dual challenge to anyone interested in issues of justice. First, it poses a radical critique of current criminal justice practices in favor of a restorative justice alternative. Then, it advocates a radical reformulation of the thinking and practices of restorative justice itself.Restorative justice is a growing movement that strives to achieve reconciliation between crime victims and the persons who have harmed them through the use of various forms of mediation and nonviolent conflict resolution. Many programs embodying this approach have been launched in North America and abroad. The authors call for two vast revisions in restorative justice thinking:replacing justice practices based on rights and "deserts" with approaches that seek to meet the needs of all - including the harm-doer and the community, as well as those directly affected by a harm; andapplying these principles to a broad range of social institutions -- including families, schools, workplaces, and neighborhoods-- in addition to the justice system.

Punishment, Restorative Justice and the Morality of Law

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Punishment, Restorative Justice and the Morality of Law by Erik Claes,René Foqué,Tony Peters Book Resume:

Critics take the unclear status of restorative justice practices, along with their vagueness in meaning and purpose, as a clear invitation to a fundamental questioning of the legitimacy of these practices. Their supporters consider the experiment of restorative justice as a platform for reforming penal institutions and for rethinking the legitimacy of orthodox legal reasoning. Within the framework of a rechtsstaat, a democratic state governed by fundamental rights and by the rule of law, both issues of legitimacy lead not only to reflection on concepts such as restoration, punishment, or on such notions as harm and wrong. Questioning the legitimacy both of restorative justice practices and of the prevailing penal system also inevitably involves some reflection on, and articulation of, the underlying values and normative aspirations of such a democratic constitutional state. What are these values and how can they be given appropriate expression in the leading concepts and principles of the criminal law? To what extent are fundamental rights and principles of the rule of law sufficiently reflected in the practices of restorative justice? How are these practices to be related to the criminal justice system according to the normative aspirations of a democratic constitutional state? To what degree can current penal practices be made continuous with these aspirations? These fundamental questions formed the intellectual framework for the 10th Aquinas Conference on Restorative Justice, Punishment and the Morality of Law, at which conference the larger part of the papers published in this volume were presented. Consistent with the structure of the conference, this collection of essays is organised into three parts, each focussing on one central topic and containing a lead essay and corresponding replies. The first part offers critical scrutiny of one of the cornerstones of a criminal justice system governed by the rule of law, namely the principle of legality. Efforts are made to empower this principle through reflection on its underlying values and aspirations, and this in order to meet some of the legitimate ideals and concerns of restorative justice. These efforts are subsequently assessed from both sociological and philosophical perspectives. In the second part, attention is drawn to the legitimacy of restorative justice practices. Here, the normative intuitions of a democratic constitutional state serve either as a critical framework to assess these practices, or, more optimistically, as ideals to whose realisation restorative justice is supposed to make a valuable contribution. And, finally, in the third part, reflection on the value of restorative justice brings us to a fundamental questioning of the legitimacy of punishment and penal practices. Central to the discussion is whether it is possible to interpret and normatively reconstruct the idea and practice of punishment so as to make them compatible with, and even continuous with, the underlying values of a democratic constitutional state.

Repairing Communities Through Restorative Justice

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Repairing Communities Through Restorative Justice by John G. Perry Book Resume:

Restorative justice is a relatively new concept in corrections. Repairing Communities examines how restorative justice can be used to rehabilitate offenders as opposed to simply punishing them. This book's contributors examine the benefits of restorative justice to the offender, the victim, and corrections. Topics discussed include: Moral and Philosophical Foundations of Restorative Justice, Community is Not a Place, Linking Crime Prevention to Restorative Justice, Practical Concerns, Building Peace, the VORP Approach, and Community Justice Sanctioning Models. This book includes the vocabulary of restorative justice and real-life examples which demonstrate the principles examined.

Transforming International Criminal Justice

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Transforming International Criminal Justice by Mark J Findlay Book Resume:

This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of international criminal trials. The book's radical dimension is its argument for the harmonization of restorative and retributive justice within the international criminal trial. The focus is initially on the trial process, a key symbol of developing international styles of justice. It examines theoretical models and political applications of criminal justice through detailed empirical analysis, in order to explore the underlying relationship of theory and empirical study, applying the outcome in theory testing and policy evaluation in several different jurisdictions. The book injects a significant comparative dimension into the study of international criminal justice.This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis.The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions. Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalisation, fair trial and the exercise of discretion in justice resolutions (sentencing in particular), and the lay/professional relationship and its dynamics. Finally, the book provides a searching critique of the relevance of existing criminology and legal sociology in relation to international criminal justice, and speculates on trial transformation and the merger of retributive and restorative international criminal justice. comparative analysis of the criminal trial process internationallyargues for harmonization of retributive and restorative justice within the international criminal trialsets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities

Restorative Justice in Practice

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Restorative Justice in Practice by Joanna Shapland,Gwen Robinson,Angela Sorsby Book Resume:

Restorative justice has made significant progress in recent years and now plays an increasingly important role in and alongside the criminal justice systems of a number of countries in different parts of the world. In many cases, however, successes and failures, strengths and weaknesses have not been evaluated sufficiently systematically and comprehensively, and it has been difficult to gain an accurate picture of its implementation and the lessons to be drawn from this. Restorative Justice in Practice addresses this need, analyzing the results of the implementation of three restorative justice schemes in England and Wales in the largest and most complete trial of restorative justice with adult offenders worldwide. It aims to bring out the practicalities of setting up and running restorative justice schemes in connection with criminal justice, the costs of doing so and the key professional and ethical issues involved. At the same time the book situates these findings within the growing international academic and policy debates about restorative justice, addressing a number of key issues for criminal justice and penology, including: how far victim expectations of justice are and can be met by restorative justice aligned with criminal justice whether ‘community’ is involved in restorative justice for adult offenders and how this relates to social capital how far restorative justice events relate to processes of desistance (giving up crime), promote reductions in reoffending and link to resettlement what stages of criminal justice may be most suitable for restorative justice and how this relates to victim and offender needs the usefulness of conferencing and mediation as forms of restorative justice with adults. Restorative Justice in Practice will be essential reading for both students and practitioners, and a key contribution to the restorative justice debate.

The Undefended Accused on Trial

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The Undefended Accused on Trial by N. C. Steytler Book Resume:

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Restorative Justice

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Restorative Justice by Marian Liebmann Book Resume:

Provides an accessible introduction to the philosophy of restorative justice and its application in a wide range of settings, demonstrating how it can help to rehabilitate both victims and offenders when harm has been done.

Restorative Justice and Civil Society

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Restorative Justice and Civil Society by Heather Strang,John Braithwaite Book Resume:

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.

Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth

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Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth by Lucia Zedner,Julian V. Roberts Book Resume:

Celebrating the scholarship of Andrew Ashworth, Vinerian Professor of English Law at the University of Oxford, this collection brings together leading international scholars to explore questions of principle and value in criminal law and criminal justice. Internationally renowned for elaborating a body of principles and values that should underpin criminalization, the criminal process, and sentencing, Ashworth's contribution to the field over forty years of scholarship has been immense. Advancing his project of exploring normative issues at the heart of criminal law and criminal justice, the contributors examine the important and fascinating debates in which Ashworth's influence has been greatest. The essays fall into three distinct but related areas, reflecting Ashworth's primary spheres of influence. Those in Part 1 address the import and role of principles in the development of a just criminal law, with contributions focusing upon core tenets such as the presumption of innocence, fairness, accountability, the principles of criminal liability, and the grounds for defences. Part 2 addresses questions of human rights and due process protections in both domestic and international law. In Part 3 the essays are addressed to core issues in sentencing and punishment: they explore questions of equality, proportionality, adherence to the rule of law, the totality principle (in respect of multiple offences), wrongful acquittals, and unduly lenient sentences. Together they demonstrate how important Ashworth's work has been in shaping how we think about criminal law and criminal justice, and make their own invaluable contribution to contemporary discussions of criminalization and punishment.