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Vol 22 No 9 Sept/Oct 2017

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Cover of Corruption and Misuse of Public Office

Corruption and Misuse of Public Office

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Reimagining Restorative Justice: Agency and Accountability in the Criminal Process

Edited by: David O'Mahony, Jonathan Doak

ISBN13: 9781849460569
Published: September 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £25.00



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In recent years there has been a dramatic growth in alternative responses to criminal offending. The use of mediation and restorative approaches have emerged as important innovations and have come to exert a strong influence in criminal justice systems across many jurisdictions.

The growth of mediation and restorative justice has also been spurred on at European and international levels by the development of initiatives grounded in restorative principles. International instruments have increasingly viewed restorative- and mediation-based interventions as a legitimate, if not superior, means of delivering justice.

However mediation and restorative justice programmes worldwide vary considerably in terms of what they do and how they seek to achieve their outcomes. Very often the practical operation of schemes differs according to the situation and the manner in which individual programmes have evolved. These divergences in practice, law and theory present considerable challenges in trying to make sense of both restorative justice and mediation in the context of criminal justice.

This book bridges the gap between theory and practice, offering a comprehensive analysis of how mediation and restorative practice have developed in theory and how the theory can be related to the most recent international experiences of what works and how it works.

It looks specifically at the interface between law and criminal justice processes on the one hand, and mediation and restorative justice practices on the other. The book explores why programmes have developed very successfully and are used effectively in some jurisdictions, yet have failed to take root, or are simply not used in others.

In providing a comprehensive synthesis of theory, law and practice the book draws from the most recent research evidence available internationally and provides a detailed analysis that will help shape future developments of restorative justice and mediation in criminal justice.

Subjects:
Criminal Law
Contents:
1. An Alternative Paradigm of Justice
I. Introduction
II. Trailblazing and Standard-Setting
III. Bridging Theory and Practice
IV. Structure and Argument of this Book
2. Restorative Justice Theory: Concepts, Processes and Outcomes
I. Introduction
II. Criminal Justice: A Paradigm in Crisis?
III. Refining Restorative Justice Theory
IV. Mainstreaming Restorative Justice within Criminal Justice: The Challenge Ahead
V. Conclusions
3. Theorising Restorative Justice in Criminal Justice
I. Introduction
II. Empowerment Theory
III. Conclusions
4. Victims and Offenders: Agency and Accountability in Practice
I. Victims and Restorative Justice
II. Offenders and Restorative Justice
III. Conclusions
5. Restorative Practices at the Periphery of Criminal Justice
I. Introduction
II. Community-based Programmes
III. Restorative Policing
IV. Youth Offender Panels
V. Schemes for Adult Offenders
VI. Prison-based Restorative Programmes
VII. Conclusions
6. Mediation and Restorative Justice in Continental Europe
I. Introduction
II. Background and Context
III. Administration and Referral
IV. Process and Agreement
V. Evaluation
VI. Developing Restorative Justice in Continental Europe
VII. Conclusions
7. Mainstreamed Restorative Justice: Youth Conferencing
I. Introduction
II. The Process of Youth Conferencing
III. Participation in Youth Conferencing
IV. Satisfaction and Procedural Justice
V. Agreement: Restoration and Apology
VI. Conclusions
8. Restorative Justice and Recidivism
I. Introduction
II. Conclusions
9. Reimagining Restorative Justice: Towards Empowerment
I. Introduction
II. Agency and Accountability as Keys to Empowerment
III. From Theory to Practice
IV. Extending the Reach of Restorative Justice
V. Challenges Ahead
VI. Effecting Change