عدالت ترمیمی: ایده‌ها و واقعیت‌ها (عدالت کیفری بین‌المللی و مقایسه‌ای)

Providing a critical perspective on the aspirations of advocates of restorative justice and the direction in which restorative justice is developing, this book provides an empirically researched contribution to theoretical debates. Drawing on qualitative research, the book examines the significant gaps that exist between the ideas of proponents of restorative justice and the objectives being pursued in practice. The work also suggests possible ways forward for the restorative justice movement and the development of practices with a coherent set of restorative justice ideals. MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict Contents 6 Acknowledgements 8 Introduction 10 Introducing the theme 10 Aspirations of proponents and concerns of critics 11 What lies ahead 12 Chapter One: Restorative Justice in Action 16 Ancient practice and its revival 16 Victim-offender reconciliation/mediation programmes 17 Family group conferencing: New Zealand experience 19 Family group conferencing outside New Zealand 21 Sentencing circles 25 Navajo peacemaking 28 Vermont community reparative boards 29 Zwelethemba experiment 30 Community-based initiatives in Northern Ireland 32 Recent restorative justice developments in England 34 Some restorative trends and their implications 38 Present empirical research into restorative justice 40 Chapter Two: Restorative Ideals 44 Introduction 44 A new moral ‘lens’ 45 An alternative to punishment 47 An alternative to treatment 48 Victim-centred justice 51 Justice that repairs harm and restores peace and harmony 53 Voluntary justice? 55 Empowering, community-based deprofessionalized, justice 57 Restorative justice and the criminal justice system 62 Concluding remarks 66 Chapter Three: Ideals and Practical Realities: The Gap 68 Introduction 68 The empirical study 68 One restorative justice project 69 Is restorative justice punishment? 71 Restorative justice and offender rehabilitation 74 A victim-focused justice? 79 A voluntary process? 83 Empowering justice? 86 Community-based justice? 91 De-professionalized justice? 96 A new ethical orientation? 107 Conclusion 111 Chapter Four: Problematic Ideals and a Problematic Relationship 114 Introduction 114 The ideal of reparation 114 The ideal of peace and harmony 116 Restorative justice in the shadow of the criminal justice system 119 Conclusion 123 Chapter Five: Restorative Ideals Re-examined 124 Introduction 124 Restorative justice in the eyes of proponents and conference participants 124 Restorative realities 126 The gap 137 Search for a new ethical framework 144 Minimizing the gap? 147 References 152 Index 168 A 168 B 168 C 168 D 168 E 169 F 169 G 169 H 169 I 169 J 169 M 169 N 169 O 169 P 170 R 170 S 170 T 170 U 170 V 170 W 171 Y 171 Z 171 The legitimacy and performance of the traditional criminal justice system is the subject of intense scrutiny as the world economic crisis continues to put pressure on governments to cut the costs of the criminal justice system. This volume brings together the leading work on restorative justice to achieve two objectives: to construct a comprehensive and up-to-date conceptual framework for restorative justice suitable even for newcomers; and to challenge the barriers of restorative justice in the hope of taking its theory and practice a step further. The selected articles start by answering some fundamental questions about restorative justice regarding its historical and philosophical origins, and challenge the concept by bringing into the debate the human rights and equality discourses. Also included is material based on empirical testing of restorative justice claims especially those impacting on reoffending rates, victim satisfaction and reintegration. The volume concludes with a critique of restorative justice as well as with analytical thinking that aims to push its barriers. It is hoped that the investigations offered by this volume not only offer hope for a better system for abolitionists and reformists, but also new and convincing evidence to persuade the sceptics in the debate over restorative justice. "Providing a critical perspective on the aspirations of advocates of restorative justice and the direction in which restorative justice is developing, this book offers an empirically researched contribution to theoretical debates. Drawing on qualitative research, the book examines the significant gaps that exist between the ideals of proponents of restorative justice and the objectives being pursued in practice. The work also suggests possible ways forward for the restorative justice movement and the development of practices with a coherent set of restorative justice ideals."--Jacket

Providing a critical perspective on the aspirations of advocates of restorative justice and the direction in which restorative justice is developing, this book offers an empirically researched contribution to theoretical debates. Drawing on qualitative research, the book examines the significant gaps that exist between the ideals of proponents of restorative justice and the objectives being pursued in practice. The work examines ways forward for the restorative justice movement - and the development of practices - with a coherent set of restorative justice ideals.

This book provides a critical perspective on the aspirations of advocates of restorative justice and the direction in which restorative justice is developing. It examines ways forward for the restorative justice movement - and the development of practices - with a coherent set of restorative justice ideals