Accountability in Restorative Justice
Series: Clarendon Studies in Criminology;
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Product details:
- Publisher OUP Oxford
- Date of Publication 27 February 2003
- ISBN 9780199259359
- Binding Hardback
- No. of pages336 pages
- Size 225x144x22 mm
- Weight 509 g
- Language English
- Illustrations 1 table, 2 figures 0
Categories
Short description:
Many countries have recently established restorative justice programmes, in which those affected by a crime attend meetings in the hope of achieving the ideals of reparation, reconciliation and reintegration. To answer concerns that these meetings may degenerate into 'kangaroo courts' in which participants bully and humiliate each other, this book draws upon extensive fieldwork to explore the nature, function and effectiveness of the accountability within this kind of informal justice.
MoreLong description:
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.
... 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.
Table of Contents:
The Rise and Risks of Restorative Justice
The Meaning of Restorative Justice and Accountability
Methods and Overview of Programmes
Deliberative Accountability in Restorative Meetings
Multiple Uses of Deliberative Accountability
Supporting Deliberative Accountability: Neglected Accountability Methods
Supporting Deliberative Accountability: The Role of Traditonal Accountability
Semi-Formal Justice: Combining Informal and Formal Justice
Appendix A: Case Studies
Appendix B: Observations
Appendix C: Interviewees
References
Index
