Restoring Justice,9781583605202

Restoring Justice

by ;
Edition: 2nd
ISBN13: 9781583605202
ISBN10: 1583605207
Format: Paperback
Pub. Date: 2001-05-01
Publisher(s): Taylor & Francis
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Table of Contents

Foreword iii
Part One The Vision of Restorative Justice 1(52)
Visions and Patterns: Why Patterns of Thinking Obstruct Criminal Justice Reform
3(12)
The Ancient Pattern
7(6)
What Went Wrong?
13(2)
Streams and Structures: The Creation of a New Pattern of Thinking
15(22)
Streams
16(11)
Informal Justice
16(2)
Restitution
18(2)
The Victims' Movement
20(1)
Mediation/Conferencing/Circles
21(3)
Social Justice
24(3)
The Term ``Restorative Justice''
27(1)
Explorers of Restorative Justice Theory
28(4)
Structures
32(3)
Conclusion
35(2)
Restorative Justice: Justice That Promotes Healing
37(16)
Restorative Justice as Opposed to What?
43(2)
Restorative Justice: A Visual Model
45(4)
Conclusion
49(4)
Part Two The Values of Restorative Justice 53(100)
Encounter
55(24)
Mediation
57(4)
Conferencing
61(2)
Circles
63(3)
Impact Panels
66(2)
Elements of Encounter
68(3)
Strategic Issues
71(6)
Minimizing Coercion
71(1)
Parties Involved
72(5)
Conclusion
77(2)
Amends
79(20)
Apology
82(1)
Changed Behavior
83(1)
Restitution
84(1)
Generosity
84(1)
The Role of Restitution
85(1)
Who Should Receive Restitution?
86(4)
Should Restitution Reflect the Seriousness of the Offense or of the Injury?
90(4)
For Which Injuries Should Restitution be Provided?
91(1)
When Restitution is Not Feasible
92(2)
Evaluation and Other Ongoing Issues
94(2)
Conclusion
96(3)
Reintegration
99(24)
Victims
102(2)
Offenders
104(2)
Reintegration
106(4)
Reintegrating Communities
110(10)
Support and Assistance Groups
110(3)
Faith Communities as Reintegrating Communities
113(7)
Conclusion
120(3)
Inclusion
123(30)
Restorative Justice and Inclusion
125(2)
Victim Inclusion in the Criminal Justice System
127(4)
Information
127(2)
Presence in Court
129(1)
Victim Impact Statements
130(1)
Giving the Victim Legal Standing to Participate in Criminal Proceedings
131(2)
The History of Victim Involvement in Criminal Cases
133(7)
The Professionalization of Justice Reduces the Victims' Role
136(4)
Victim and Prosecutor
140(1)
Victim Participation at Various Stages of Criminal Proceedings
141(2)
Investigation
142(1)
Arraignment through Presentencing
143(3)
Plea Bargaining
143(1)
Sentencing
144(1)
Post-Sentencing
145(1)
The Victim as Civil Claimant in Criminal Cases
146(4)
Issues
146(4)
Conclusion
150(3)
Part Three The Venture Toward Restorative Justice 153(98)
Conceptual Objections to Restorative Justice
156(29)
This Means the End of Criminal Law
156(3)
Multiple Parties Cannot Pursue Multiple Goals and Achieve a Single Overarching Purpose
159(4)
Not All Harms Can Be Identified, and of Those That Are, Not All Are of Equal Importance
163(2)
Government and Community Will Not Be Able to Share Responsibility for Public Safety in the Way Anticipated by Restorative Justice Theory
165(3)
This Will Reduce Due Process Protection
168(4)
Victims Cannot Receive Adequate Attention in Any Model That Simultaneously Considers Offender Rehabilitation
172(4)
This Will Cause Unacceptable Disparity of Sanctions
176(4)
Coercion Will be Necessary, and Coercion is Antithetical to a Restorative Model
180(1)
Conclusion
181(4)
Practical Objections to Restorative Justice
185(20)
Restorative Justice Will Not Work with Dangerous Offenders
186(5)
Most Victims and Offenders are Never Identified
191(3)
Large-Scale Use of Restorative Justice Will Lead to its Depersonalization
194(2)
Individualistic and Pluralistic Cultures Will Keep Restorative Justice from Working
196(2)
Restorative Justice May Work for Minor Crimes, but Certainly Not for Murder
198(4)
Conclusion
202(3)
Planning for Restorative Justice
205(16)
Build Support for Restorative Justice
205(3)
Develop a Credible Coalition
208(1)
Pursue Strategic Goals
209(4)
Revisit the Vision
213(3)
Evaluate for Impact
216(1)
Realign Vision and Practice
217(1)
Stay Connected
217(1)
Expect Resistance
218(2)
Conclusion
220(1)
Toward a Restorative System
221(18)
The Relationship of Restorative Programs to the Criminal Justice System
221(3)
Four Models of a Restorative System
224(2)
Practical Realities
226(2)
A Framework for Thinking about a Restorative System
228(9)
Conclusion
237(2)
Transformation
239(12)
Transformation of Perspective
241(4)
Transformation of Structures
245(2)
Transformation of Persons
247(4)
Appendix 251(22)
Declaration of Leuven on the Advisability of Promoting the Restorative Approach to Juvenile Crime
253(8)
CE Recommendation No. R (99) 19 Concerning Mediation in Penal Matters (CE, 1999)
261(6)
[Draft] Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters (UN, 2000)
267(6)
Selected Bibliography 273(24)
Subject Index 297(12)
Name Index 309

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