Restorative Justice & Responsive Regulation

ISBN-13: 9780195136395 / Angielski / Twarda / 2001 / 336 str.

John Braithwaite

Opis

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.

Recenzje

As one has come to expect from John Braithwaite, this is an ambitious, provocative and stimulating book that ranges across a wide range of issues... It is rich in empirical examples, and proposes a clear set of reforms clearly inspired by a deep concern for justice, humanitarianism and protection of the 'little people'. Not all will agree with its proposals, but in seeking to argue against them, they will have a formidable opponent. The book deserves to be widely read, and will no doubt be a standard reference point in both criminal justice and regulation.