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Accountability in Restorative Justice: Clarendon Studies in Criminology

Autor Declan Roche
en Limba Engleză Hardback – 27 feb 2003
In reviving the idea of an informal approach to conflict resolution, the Restorative Justice movement attempts to break out of the predominantly punitive thinking which shapes modern criminal justice. Its proponents claim that its guiding ideals - personalism, participation, reparation, and reintegration - deliver a fairer, more effective, and more humane justice than does the court system. However, a simplistic tendency both to extol the virtues of restorative justice and to denigrate all conventional formal approaches risks blinding enthusiasts to the dangers inherent in unchecked participant power, as well as to the protection which state institutions and professionals can provide to individuals and communities. The procedural safeguard of institutional accountability helps reduce these dangers. Examining the experiences of 25 programmes in six countries, Accountability in Restorative Justice uncovers a number of neglected, overlapping, and incomplete types of accountability, including the informal type built into deliberations between victims and offenders and their supporters. This deliberative accountability can provide a rigorous check for regulating decision-making, holding state agencies accountable, and monitoring the completion of agreements reached between participants. This book also considers the role played by formal types of accountability, such as external review. It suggests a new approach, in which judges become more involved in monitoring the quality of deliberation in restorative justice conferences than with enforcing traditional sentencing principles.
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Specificații

ISBN-13: 9780199259359
ISBN-10: 0199259356
Pagini: 336
Ilustrații: 1 table, 2 figures
Dimensiuni: 144 x 225 x 23 mm
Greutate: 0.54 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Seria Clarendon Studies in Criminology

Locul publicării:Oxford, United Kingdom

Recenzii

... a major contribution to knowledge and debate about the prospects and problems of restorative justice. It is theoretically sophisticated and impeccably researched. It also has the merit of being a highly readable, empirically researched book. Roche never falls into the trap of overloading the reader with empirical observations and findings. The empirical material he does present is always put to good work, illustrating and supporting his claims and recommendations ... an outstanding study which advances significantly knowledge and the quality of debate about restorative justice.
This book should be read both by those who are, and who are not, advocates of restorative justice; it could open an important debate about the whole question of coercive, rather than persuasive, social control.
This is a really good book. It draws from a wide range of international settings, without getting bogged down in unnecessary detail, it moves smoothly from complex theoretical frameworks of accountability to a persuasive grasp of the practical realities faced by restorative justice practitioners and it is written in an engaging and highly readable style ... Declan Roche has done restorative justice a considerable service.
Roche's exploration of ... the relationship between accountability and the privacy of the participants, the integrity of the proceedings, the role of the media ... is as persuasive and nuanced as anything I have read on this issue.
Compared to other texts on [Restorative Justice], this... is exceptional: it offers readers a concrete and dynamic view of [Restorative Justice's] promise and risks, a reflective and synthetic discussion of the importance of trust and accountability in criminal justice institutions, and an engagement with formal legality and state justice that goes well beyond words in boxes and bubbles from below.
' ... Throughout the book Roche presents clear, very concrete and well-supported recommendations as to how the practice [of restorative justice] can be revised and developed to bring it in line with the ideal ... I regard Accountability in Restorative Justice as a major contribution to knowledge and debate about the prospects and problems of restorative justice. It is theoretically sophisticated and impeccably researched. It also has the merit of being a highly readable, empirically researched book'

Notă biografică

Declan Roche is Lecturer in Law, Law Department, London School of Economics. He gained a Phd from Research School of Social Sciences at Australian National University, Canberra.