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Restoring Justice: An Introduction to Restorative Justice, 3d

Restoring Justice: An Introduction to Restorative Justice, 3rd Edition ...


Availability: In Stock
Publisher :Anderson Publishing
Format: softcover; 250 pp. , BOOK
ISBN: 9781593453206
2006
  $41.95
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    Restoring Justice: An Introduction to Restorative Justice, 3rd Edition offers a clear and convincing explanation of restorative justice, a movement within criminal justice with growing worldwide influence. It explores the broad appeal of this new vision and offers a brief history of its development. The book presents a theoretical foundation for the principles and values of restorative justice and develops its four "cornerpost" ideas of encounter, amends, inclusion and reintegration. After exploring how restorative justice ideas and values may be integrated into policy and practice, it presents a series of key issues commonly raised about restorative justice, summarizing various perspectives on each.

    The book grows out of the authors' more than two decades of participation within the restorative justice movement, and draws on the growing body of research and thinking on the topic taking place throughout the world.

    First released in 1997, Restoring Justice remains one of the most careful, comprehensive and succinct treatments of restorative justice available. This third edition does not simply add new material to reflect recent developments and controversies in the field; it also revisits fundamental issues, providing thoughtful summaries and conclusions that generate fresh insights. Consequently, this edition will be helpful to those who know the field as well as those who do not. --Howard Zehr

    As a crime victim, victim advocate and long-time supporter of restorative justice values and principles, I found Restoring Justice, 3rd Ed. to be an excellent resource for anyone interested in the complex world of restorative justice history, processes and ideas. Bravo to Dan Van Ness and Karen Strong for offering a balanced approach to restorative justice that understands "real" justice is about repairing the harm and healing those who have been harmed by crime: victims, offenders and communities. Restoring Justice is a well-written and quite often inspirational book! -- Ellen Halbert, Director, Victim/Witness Division, Travis County District Attorney's Office, Austin, Texas Editor, The Crime Victims Report, a national newsletter



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    PART ONE: THE CONCEPT OF RESTORATIVE JUSTICE

    Chapter One: Visions and Patterns: How Patterns of Thinking Can Obstruct Justice

    The Ancient Pattern

    A Shift in Thinking


    Chapter Two: A Brief History of Restorative Justice: The Development of a New Pattern of Thinking

    The Term "Restorative Justice"

    Explorers of Restorative Justice Theory

    Programs Offering Restorative Processes

    Incorporation of Restorative Justice into Criminal Justice Systems

    Timeline of Significant Developments Related to Restorative Justice


    Chapter Three: Restorative Justice: Justice That Promotes Healing

    Definition of Restorative Justice

    Principles of Restorative Justice

    Values of Restorative Justice

    Restorative Justice as Opposed to What?

    Restorative Justice: A Visual Model

    Conclusion


    PART TWO: THE CORNERPOSTS OF RESTORATIVE JUSTICE

    Chapter Four: Encounter

    Mediation

    Conferencing

    Circles

    Impact Panels

    Elements of Encounter

    Strategic Issues

    Oversight of Conduct and Outcomes of Encounters

    Conclusion


    Chapter Five: Amends

    Apology

    Changed Behavior

    Restitution

    Generosity

    Issues Related to Restitution

    Who Should Receive Restitution?

    Should Restitution Reflect the Seriousness of the Offense or of the Injury?

    For Which Injuries Should Restitution be Provided?

    When Restitution is Not Feasible

    Conclusion


    Chapter Six: Reintegration

    Victims

    Offenders

    Reintegration

    Building a Reintegrative Response

    Reintegrating Communities

    Support and Assistance Groups

    Faith Communities as Reintegrating

    Communities

    Conclusion


    Chapter Seven: Inclusion

    Restorative Justice and Inclusion

    Victim Inclusion in the Criminal Justice System

    Information

    Presence in Court

    Victim Impact Statements

    Giving the Victim Legal Standing to Participate in Criminal Proceedings

    The History of Victim Involvement in Criminal Cases

    The Professionalization of Justice Reduces the Victims' Role

    Victim and Prosecutor

    Victim Participation at Various Stages of Criminal Proceedings

    Investigation

    Arraignment through Presentencing

    Plea Bargaining

    Sentencing

    Post-Sentencing

    The Victim as Civil Claimant in Criminal Cases

    Conclusion


    PART THREE: THE CHALLENGE OF RESTORATIVE JUSTICE

    Chapter Eight: Making Restorative Justice Happen

    Build Support for Restorative Justice

    Develop a Credible Coalition

    Pursue Strategic Goals

    Revisit the Vision

    Evaluate for Impact

    Realign Vision and Practice

    Stay Connected

    Expect Resistance

    Conclusion


    Chapter Nine: Toward a Restorative System

    Uses of Restorative Justice Processes in Contemporary Criminal Justice

    Five System Models and "Restorativeness"

    A Framework for Assessing the "Restorativeness" of a System

    Conclusion


    Chapter Ten: Transformation

    Transformation of Perspective

    Transformation of Structures

    Transformation of Persons


    PART FOUR: CONTROVERSIES IN RESTORATIVE JUSTICE

    Issue 1: Does restorative justice privatize justice and eliminate criminal law?

    Issue 2: How can restorative justice work when most victims and offenders are never identified?

    Issue 3: Will large-scale use of restorative processes compromise their quality?

    Issue 4: Can restorative justice work in individualistic cultures?

    Issue 5: The criminal justice system is offender oriented. Isn't it unlikely that victims will ever be as fully included as restorative justice theory calls for?

    Issue 6: Can restorative justice work in serious crimes like murder?

    Issue 7: Can't restorative processes lead to unfair results?

    Issue 8: Can offenders' statements made in restorative processes be used against them in court? If so, doesn't this violate their right against self-incrimination?

    Issue 9: If restorative processes produce shame in offenders, doesn't that amount to cruel and degrading treatment, violating their human rights?

    Issue 10: Doesn't the idea of adding victims as parties in criminal proceedings create significant problems for the criminal justice system?


    APPENDIX: UN Declaration of Basic Principles on the Use of Restorative Justice in Criminal Matters (2002)

     

    Daniel W. Van Ness


    Karen Heetderks Strong


     

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