Crime Punishment And Restorative Justice

London proposes that restoration, and especially the restoration of trust, be viewed as the overarching goal of all criminal justice policies and practices.

In Criminal Punishment and Restorative Justice author David J. Cornwell draws on bedrock issues in contemporary criminology and penology in order to contrast punitive and restorative responses to crime. He then looks at the forces that serve to constrain more emphatic adoption of restorative methods and - against a backdrop of increasing worldwide reliance on custody, 'touch solutions' and punitive thinking - examines the claims of restorative justice to mainstream adoption by governments. The book also provides an international perspective on the needs of victims and offenders alike and assesses how the worldwide trend towards punitive methods can be reversed by challenging offenders to take responsibility for their offences and to make practical reparation for the harm that they have caused. Such developments, the author argues, would serve to make 'corrections' more effective, civilised, humane, pragmatic, 'non-fanciful' and less driven by the often ill-considered politics of the moment.

Criminal Punishment and Restorative Justice is an appraisal of the divide that exists between punitive and restorative methods. The book looks at events that serve to restrict a greater and more emphatic adoption of restorative justice and its huge potential in contemporary criminal justice developments. In an era of increasing and worldwide reliance on imprisonment and other punitive methods, the author argues that justice and communities would be far better served by a more enthusiastic and early shift to restorative methods. Criminal Punishment and Restorative Justice provides an international perspective on how restorative justice can bring about an altogether more enlightened approach to dealing with offenders and victims alike, against a backdrop of often spurious, traditional justifications for punishment. While acknowledging the need for a constructive use of custody and other corrections in response to serious crime, the author points out that the present over-reliance on custody can be reduced by challenging offenders to take responsibility for their offenses and to make practical reparation for their wrong-doing and repairing the harm that they have caused. The book also assesses the potential of restorative justice to make corrections more effective, civilized, humane, and pragmatic in terms of finding solutions to crime on the basis of sound principles and information, not political expediency.

If the goal of our justice system is to reduce crime and create a safer society, then we must do better. According to conventional wisdom, severely punishing offenders reduces the likelihood that they’ll offend again. Why, then, do so many who go to prison continue to commit crimes after their release? What do we actually know about offenders and the reasons they break the law? In Crime & Punishment, Russell Marks argues that the lives of most criminal offenders – and indeed of many victims of crime – are marked by often staggering disadvantage. For many offenders, prison only increases their chances of committing further crimes. And despite what some media outlets and politicians want us to believe, harsher sentences do not help most victims to heal. Drawing on his experience as a lawyer, Marks eloquently makes the case for restorative justice and community correction, whereby offenders are obliged to engage with victims and make amends. Crime & Punishment is a provocative call for change to a justice system in desperate need of renewal.

This study focuses on the practice of punishment, as it is inflicted by the state. The author's first-hand experience with penal reform, combined with philosophical reflection, has led him to develop a theory of punishment that identifies the principles of sentencing and corrections on which modern correctional systems should be built. This new theory of punishment is built on the view that the central function of the law is to reduce the need to use force in the resolution of disputes. Professor Cragg argues that the proper role of sentencing and sentence administration is to sustain public confidence in the capacity of the law to fulfil that function. Sentencing and corrections should therefore be guided by principles of restorative justice. He points out that, although punishment may be an inevitable concomitant of law enforcement in general and sentencing in particular, inflicting punishment is not a legitimate objective of criminal justice. The strength and appeal of this account is that it moves well beyond the boundaries of conventional discussions. It examines punishment within the framework of policing and adjudication, analyses the relationship between punishment and sentencing, and provides a basis for evaluating correctional practices and such developments as electronic monitoring.

Can restorative justice be applied to a full range of offenses? Ross London answers with an unequivocal "Yes." London proposes that, by focusing on the restoration of personal and social trust, restoration may become acknowledged as the overarching goal of all criminal justice policies and practices. While supporting the use of restorative justice as a non-punitive alternative for appropriate cases, London argues that deserved punishment for serious offenses--far from contradicting the goal of restoration--may be instrumental for the emotional recovery of crime victims, the security of communities, and for the successful reintegration of offenders. Moreover, this approach responsibly minimizes resort to punishment by maximizing all of the many other means of restoring trust. Drawing on his experience as a judge, prosecutor, and public defender, London offers a pragmatic vision of restorative justice that integrates its core values with real-world applications for even the most serious violent crimes.

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