Criminal Punishment And Restorative Justice

Author : David J. Cornwell
Publisher : Waterside Press
Page : 193 pages
File Size : 44,9 Mb
Release : 2006-02-01
Category : Political Science
ISBN : 9781906534103

Get Book

Criminal Punishment and Restorative Justice by David J. Cornwell Pdf

In Criminal Punishment and Restorative Justice author David J. Cornwell draws on bedrock issues in contemporary criminology and penology in order to contrast punitive and restorative responses to crime. He then looks at the forces that serve to constrain more emphatic adoption of restorative methods and - against a backdrop of increasing worldwide reliance on custody, 'touch solutions' and punitive thinking - examines the claims of restorative justice to mainstream adoption by governments. The book also provides an international perspective on the needs of victims and offenders alike and assesses how the worldwide trend towards punitive methods can be reversed by challenging offenders to take responsibility for their offences and to make practical reparation for the harm that they have caused. Such developments, the author argues, would serve to make 'corrections' more effective, civilised, humane, pragmatic, 'non-fanciful' and less driven by the often ill-considered politics of the moment.

Author : David J. Cornwell,F. W. M. McElrea,John R. Blad,Robert B. Cormier
Publisher : Waterside Press
Page : 192 pages
File Size : 50,5 Mb
Release : 2006
Category : Criminal justice, Administration of
ISBN : 9781904380207

Get Book

Criminal Punishment and Restorative Justice by David J. Cornwell,F. W. M. McElrea,John R. Blad,Robert B. Cormier Pdf

Criminal Punishment and Restorative Justice is an appraisal of the divide that exists between punitive and restorative methods. The book looks at events that serve to restrict a greater and more emphatic adoption of restorative justice and its huge potential in contemporary criminal justice developments. In an era of increasing and worldwide reliance on imprisonment and other punitive methods, the author argues that justice and communities would be far better served by a more enthusiastic and early shift to restorative methods. Criminal Punishment and Restorative Justice provides an international perspective on how restorative justice can bring about an altogether more enlightened approach to dealing with offenders and victims alike, against a backdrop of often spurious, traditional justifications for punishment. While acknowledging the need for a constructive use of custody and other corrections in response to serious crime, the author points out that the present over-reliance on custody can be reduced by challenging offenders to take responsibility for their offenses and to make practical reparation for their wrong-doing and repairing the harm that they have caused. The book also assesses the potential of restorative justice to make corrections more effective, civilized, humane, and pragmatic in terms of finding solutions to crime on the basis of sound principles and information, not political expediency.

Author : Ross London
Publisher : FirstForumPress
Page : 0 pages
File Size : 54,7 Mb
Release : 2011
Category : Confidence
ISBN : 193504933X

Get Book

Crime, Punishment, and Restorative Justice by Ross London Pdf

London proposes that restoration, and especially the restoration of trust, be viewed as the overarching goal of all criminal justice policies and practices.

Author : Wesley Cragg
Publisher : Routledge
Page : 223 pages
File Size : 51,5 Mb
Release : 2003-09-02
Category : Philosophy
ISBN : 9781134965908

Get Book

The Practice of Punishment by Wesley Cragg Pdf

This study focuses on the practice of punishment, as it is inflicted by the state. The author's first-hand experience with penal reform, combined with philosophical reflection, has led him to develop a theory of punishment that identifies the principles of sentencing and corrections on which modern correctional systems should be built. This new theory of punishment is built on the view that the central function of the law is to reduce the need to use force in the resolution of disputes. Professor Cragg argues that the proper role of sentencing and sentence administration is to sustain public confidence in the capacity of the law to fulfil that function. Sentencing and corrections should therefore be guided by principles of restorative justice. He points out that, although punishment may be an inevitable concomitant of law enforcement in general and sentencing in particular, inflicting punishment is not a legitimate objective of criminal justice. The strength and appeal of this account is that it moves well beyond the boundaries of conventional discussions. It examines punishment within the framework of policing and adjudication, analyses the relationship between punishment and sentencing, and provides a basis for evaluating correctional practices and such developments as electronic monitoring.

Author : Erik Claes,René Foqué,Tony Peters
Publisher : Intersentia nv
Page : 214 pages
File Size : 44,8 Mb
Release : 2005
Category : Corrections
ISBN : 9789050954235

Get Book

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

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.

Author : Lode Walgrave
Publisher : Routledge
Page : 270 pages
File Size : 44,8 Mb
Release : 2012-12-06
Category : Social Science
ISBN : 9781135999025

Get Book

Restorative Justice and the Law by Lode Walgrave Pdf

Restorative justice has developed rapidly from being a barely known term to occupying a central role in debates on the future of criminal justice. But as it has become part of the mainstream of debate, so new tensions and issues have emerged. One of the most crucial issues is to find an appropriate combination of restorative justice, based essentially on informal deliberation, and the law. The purpose of this book is to analyse the several dimensions to this issue. It explores the social and ethical foundations of restorative justice, seeks to position it in relation to both rehabilitation and punishment, and examines the possibility of developing and incorporating restorative justice as the mainstream response to crime in terms of the principles of constitutional democracy. Amongst the questions it addresses are the following: How are informal processes to be juxtaposed with formal procedures? What is the appropriate relationship between voluntarism and coercion? How can the procedures and practices of restorative justice be combined with legal standards, safeguards and precepts? How can one balance restorative responses with legally sanctioned punishment? In this book a distinguished team of contributors consider this crucial set of relationships between restorative justice and the law, building upon papers and discussions at the fifth international restorative justice conference in Leuven, Belgium, in September 2001. restorative justice has grown rapidly throughout the worldthis book addresses the central issue of relationship of restorative justice to existing law and legal systemschapters from world leading authorities

Author : Yvon Dandurand,Curt Taylor Griffiths,United Nations Office on Drugs and Crime
Publisher : United Nations Publications
Page : 0 pages
File Size : 47,9 Mb
Release : 2006
Category : Law
ISBN : 9211337542

Get Book

Handbook on Restorative Justice Programmes by Yvon Dandurand,Curt Taylor Griffiths,United Nations Office on Drugs and Crime Pdf

The present handbook offers, in a quick reference format, an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach. Its focus is on a range of measures and programmes, inspired by restorative justice values, that are flexible in their adaptation to criminal justice systems and that complement them while taking into account varying legal, social and cultural circumstances. It was prepared for the use of criminal justice officials, non-governmental organizations and community groups who are working together to improve current responses to crime and conflict in their community

Author : Russell Marks
Publisher : Black Inc.
Page : 224 pages
File Size : 45,9 Mb
Release : 2015-03-02
Category : Law
ISBN : 9781925203035

Get Book

Crime and Punishment by Russell Marks Pdf

If the goal of our justice system is to reduce crime and create a safer society, then we must do better. According to conventional wisdom, severely punishing offenders reduces the likelihood that they’ll offend again. Why, then, do so many who go to prison continue to commit crimes after their release? What do we actually know about offenders and the reasons they break the law? In Crime & Punishment, Russell Marks argues that the lives of most criminal offenders – and indeed of many victims of crime – are marked by often staggering disadvantage. For many offenders, prison only increases their chances of committing further crimes. And despite what some media outlets and politicians want us to believe, harsher sentences do not help most victims to heal. Drawing on his experience as a lawyer, Marks eloquently makes the case for restorative justice and community correction, whereby offenders are obliged to engage with victims and make amends. Crime & Punishment is a provocative call for change to a justice system in desperate need of renewal.

Author : Andreas von Hirsch,Julian V Roberts,Anthony E Bottoms,Kent Roach,Mara Schiff
Publisher : Bloomsbury Publishing
Page : 360 pages
File Size : 51,8 Mb
Release : 2003-01-06
Category : Law
ISBN : 9781847311290

Get Book

Restorative Justice and Criminal Justice by Andreas von Hirsch,Julian V Roberts,Anthony E Bottoms,Kent Roach,Mara Schiff Pdf

Restorative Justice has emerged around the world as a potent challenge to traditional models of criminal justice,and restorative programmes, policies and legislative reforms are being implemented in many western nations. However, the underlying aims, values and limits of this new paradigm remain somewhat uncertain and those advocating Restorative Justice have rarely engaged in systematic debate with those defending more traditional conceptions of criminal justice. This volume, containing contributions from scholars of international renown, provides an analytic exploration of Restorative Justice and its potential advantages and disadvantages. Chapters of the book examine the aims and limiting principles that should govern Restorative Justice, its appropriate scope of application, its social and legal contexts, its practice and impact in a number of jurisdictions and its relation to more traditional criminal-justice conceptions. These questions are addressed by twenty distinguished criminologists and legal scholars in papers which make up this volume. These contributions will help clarify the aims that Restorative Justice might reasonably hope to achieve, the limits that should apply in pursuing these aims, and how restorative strategies might comport with, or replace, other penal strategies. Contributors: Andrew Ashworth, Anthony E Bottoms, John Braithwaite, Kathleen Daly, James Dignan, R A Duff, Carolyn Hoyle, Barbara Hudson, Leena Kurki, Allison Morris, Kent Roach, Julian V Roberts, Paul Roberts, Mara Schiff, Joanna Shapland, Clifford Shearing, Daniel van Ness, Andrew von Hirsch, Lode Walgrave, Richard Young.

Author : Heather Strang,John Braithwaite
Publisher : Routledge
Page : 240 pages
File Size : 46,6 Mb
Release : 2017-09-19
Category : Law
ISBN : 9781351965309

Get Book

Restorative Justice by Heather Strang,John Braithwaite Pdf

The astonishing development of restorative justice practice over the past decade has inspired creative new thinking about the philosophy of punishment and principles of justice. Many of the questions raised in this book – such as the relationship between restorative and retributive justice and the values and processes which should guide restorative practice – are the subject of intense debates. With contributions from many of the most distinguished scholars in the field, this book analyzes the gap between philosophy and practice and the need for practice to be more informed by philosophy. This volume is a milestone in the development of those underlying principles which will direct the progress of restorative justice in the future.

Author : Gerry Johnstone
Publisher : Routledge
Page : 203 pages
File Size : 47,8 Mb
Release : 2001-05-01
Category : Social Science
ISBN : 9781134034239

Get Book

Restorative Justice by Gerry Johnstone Pdf

First published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.

Author : Aleksandar Fatić
Publisher : Unknown
Page : 312 pages
File Size : 48,6 Mb
Release : 1995
Category : Law
ISBN : UOM:39015034427297

Get Book

Punishment and Restorative Crime-handling by Aleksandar Fatić Pdf

Author : Martin Wright
Publisher : Waterside Press
Page : 227 pages
File Size : 46,6 Mb
Release : 1996-05-31
Category : Social Science
ISBN : 9781906534318

Get Book

Justice for Victims and Offenders by Martin Wright Pdf

This work charts issues and developments affecting victims of crime from the earliest times to the modern day, including in particular reparation, compensation, and the evolution of restorative justice. It takes account of the changes in the 1990s.

Author : The New York Times Editorial Staff
Publisher : The Rosen Publishing Group, Inc
Page : 224 pages
File Size : 55,5 Mb
Release : 2020-07-15
Category : Young Adult Nonfiction
ISBN : 9781642824162

Get Book

Restorative Justice by The New York Times Editorial Staff Pdf

For decades, the American criminal justice system has followed a "tough on crime" model. That's starting to change, following increased criticism of prisons and policing. One model for reform has become especially prominent: restorative justice. Restorative justice prioritizes community-led reconciliation between victim and offender. Based on indigenous practices and motivated by inequities in our current system, restorative justice is premised on a radical redefinition of social harm. To understand this challenging topic, the articles in this book cover deep explorations of our current system, examples of restorative justice in practice, and an overview of the institutional barriers to change. Media literacy terms and questions are included, inviting readers to carefully consider how reporting of the topic has developed over time.

Author : Samuel H. Pillsbury
Publisher : Routledge
Page : 402 pages
File Size : 50,9 Mb
Release : 2019-01-11
Category : Social Science
ISBN : 9780429756450

Get Book

Imagining a Greater Justice by Samuel H. Pillsbury Pdf

Even for violent crime, justice should mean more than punishment. By paying close attention to the relational harms suffered by victims, this book develops a concept of relational justice for survivors, offenders and community. Relational justice looks beyond traditional rules of legal responsibility to include the social and emotional dimensions of human experience, opening the way for a more compassionate, effective and just response to crime. The book’s chapters follow a journey from victim experiences of violence to community healing from violence. Early chapters examine the relational harms inflicted by the worst wrongs, the moral responsibility of wrongdoers and common mistakes made in judging wrongdoing. Particular attention is paid here to sexual violence. The book then moves to questions of just punishment: proper sentencing by judges, mandatory sentences approved by the public, and the realities of contemporary incarceration, focusing particularly on solitary confinement and sexual violence. In its remaining chapters, the book looks at changes brought by the victims' rights movement and victim needs that current law does not, and perhaps cannot meet. It then addresses possibilities for offender change and challenges for majority America in addressing race discrimination in criminal justice. The book concludes with a look at how individuals might live out the ideals of a greater—relational—justice. Chapter 10 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.