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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
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
Criminology is a textbook with a new approach, both student-focused and research-engaged. Written for today's students, it provides the framework of knowledge core to exploring, understanding, and explaining crime. The goal is simple and bold - to help the next generation of criminologists to be switched-on, excited, and critical.
Restorative justice is a concept which could have significant implications for both the law and social regulation. In this book, the authors give an insight to how the introduction of these techniques has been received in the Republic of Ireland, shedding light on what could be the key to developing new responses to crime.
Internationally,there is now an acceptance of the need to develop new strategies in criminal justice which reflect restorative justice principles. At the same time, theory, research and practice in restorative justice is making rapid advances. This book provides an up to date and critical account of recent developments. It describes the practice of restorative justice with respect to young offenders in a number of jurisdictions - Australia, Canada, England, New Zealand, South Africa, the United States and various continental European countries. Research findings on the three most common formats – conferencing, victims offender mediation and circles – are presented. Critical issues for the future development of restorative justice are identified. Two main themes run through the collection - the potential of restorative processes to transform criminal justice processes and the potential for aboriginal or indigenous communities to impact on conventional processes. Contributors include active researchers and leading theorists from around the world.
Contents: (1) Introduction: Time and Adolescence; Policy and Practice; (2) The History of Court Delay; (3) The Causes and Effects of Delayed Justice; (4) Controlling Court Delay: Legal/Professional Efforts; Managerial Efforts; (5) Controlling Juvenile Court Delay: Constitutional Provisions; Limiting Due Process for Juveniles; Legislation and Rules in the Juvenile Court; (6) Recent Trends in Delinquency Case Processing Time; (7) Delay Reduction Efforts in Three Juvenile Courts; (8) Conclusions; (9) References; Cases Cited; (10) Appendices. Charts and tables.
Even though youth crime rates have fallen since the mid-1990s, public fear and political rhetoric over the issue have heightened. The Columbine shootings and other sensational incidents add to the furor. Often overlooked are the underlying problems of child poverty, social disadvantage, and the pitfalls inherent to adolescent decisionmaking that contribute to youth crime. From a policy standpoint, adolescent offenders are caught in the crossfire between nurturance of youth and punishment of criminals, between rehabilitation and "get tough" pronouncements. In the midst of this emotional debate, the National Research Council's Panel on Juvenile Crime steps forward with an authoritative review of the best available data and analysis. Juvenile Crime, Juvenile Justice presents recommendations for addressing the many aspects of America's youth crime problem. This timely release discusses patterns and trends in crimes by children and adolescentsâ€"trends revealed by arrest data, victim reports, and other sources; youth crime within general crime; and race and sex disparities. The book explores desistanceâ€"the probability that delinquency or criminal activities decrease with ageâ€"and evaluates different approaches to predicting future crime rates. Why do young people turn to delinquency? Juvenile Crime, Juvenile Justice presents what we know and what we urgently need to find out about contributing factors, ranging from prenatal care, differences in temperament, and family influences to the role of peer relationships, the impact of the school policies toward delinquency, and the broader influences of the neighborhood and community. Equally important, this book examines a range of solutions: Prevention and intervention efforts directed to individuals, peer groups, and families, as well as day care-, school- and community-based initiatives. Intervention within the juvenile justice system. Role of the police. Processing and detention of youth offenders. Transferring youths to the adult judicial system. Residential placement of juveniles. The book includes background on the American juvenile court system, useful comparisons with the juvenile justice systems of other nations, and other important information for assessing this problem.