Restorative Justice & Responsive Regulation (Google eBook)
Oxford University Press, Oct 22, 2001 - Law - 336 pages
Braithwaite's argument against punitive justice systems and for restorative justice systems establishes that there are good theoretical and empirical grounds for anticipating that well designed restorative justice processes will restore victims, offenders, and communities better than existing criminal justice practices. Counterintuitively, he also shows that a restorative justice system may deter, incapacitate, and rehabilitate more effectively than a punitive system. This is particularly true when the restorative justice system is embedded in a responsive regulatory framework that opts for deterrence only after restoration repeatedly fails, and incapacitation only after escalated deterrence fails. Braithwaite's empirical research demonstrates that active deterrence under the dynamic regulatory pyramid that is a hallmark of the restorative justice system he supports, is far more effective than the passive deterrence that is notable in the stricter "sentencing grid" of current criminal justice systems.
What people are saying - Write a review
We haven't found any reviews in the usual places.
Does Restorative Justice Work?
Theories That Might Explain Why Restorative Justice Works
Worries about Restorative Justice
abuse access to justice actors Australian Braithwaite Buin bullying Canberra chapter citizens civil society commitment compliance conferencing conflict corporate corporate crime corruption court crime prevention criminal justice culture democracy democratic deterrence disputes domination economic effect elites empirical enforcement pyramid escalation evidence family group conferences global healing Hollow Water Howard Zehr human rights important incapacitation Indigenous injustice institutions involved John Braithwaite justice practices justice system juvenile late modern lawyers major mediation ment nursing home Papua New Guinea participants peace peacemaking percent plural police political preventive diplomacy problem punishment punitive Raskol gang reactance reduce reform rehabilitation reintegrative shaming reoffending responsive regulation responsive regulatory restorative and responsive restorative justice conferences restorative justice processes restorative justice programs result social capital storative strategy target Terry O'Connell theory traditional victims violence Wagga Wagga Zealand