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Vol 23 No 5 May/June 2018

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Civilising Criminal Justice: An International Restorative Agenda for Penal Reform

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Edited by: David Cornwell, John Blad, Martin Wright

ISBN13: 9781904380047
Published: August 2013
Publisher: Waterside Press
Country of Publication: UK
Format: Paperback
Price: £25.00

Despatched in 10 to 12 days.

A magnificent collection, Civilizing Criminal Justice is an inescapable resource for anyone interested in restorative justice: truly international and packed with experience while combining history, theory, developments and practical advice.This volume of specially commissioned contributions by widely respected commentators on crime and punishment from various countries is a ‘break-through’ in bringing together some of the best arguments for long-overdue penal reform. An increasingly urgent need to change outmoded criminal processes, even in advanced democracies, demands an end to those penal excesses driven by political expediency and damaging notions of retribution, deterrence and punishment for its own sake. ‘Civilising’ criminal justice will make it fairer, more consistent, understandable and considerate towards victims of crime, currently largely excluded from participation. Principles of reparative and restorative justice have become increasingly influential in the quest to provide justice which tackles harm, compensates victims, repairs relationships, resolves debilitating conflicts and calls offenders to account. And in any case, what real justification is there for subjecting more and more people to the expensive but hollow experience of prison, especially at a time of economic stringency. Civil justice – in its various forms – can be swifter, cheaper and more effective, in court or through mediated processes focusing on the harmful consequences of offences rather than inflicting punishment that may satisfy a baying media but come home to haunt the community. This brave and generous book illustrates the many different ways in which criminal justice can be ‘civilised’ and how lessons can be learned from practical experience across the world and shared expertise. It is a volume that every politician should read, every criminal justice professional should possess, and that every student of criminology and penology will find invaluable.

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Criminal Law
Editorial Preface
Introduction - The Editors
Foreword - John Braithwaite

PART I: Civilising Procedure
1. Justice and Punishment: Myths, Mercy and Anglo-Saxon Attitudes - David Cornwell
2. Restorative Justice as a Procedural Revolution: Some Lessons from the Adversary System - F W M. (Fred) McElrea
3. Retribution and/or Restoration? The Purpose of our Justice System through the Lens of Judges and Prosecutors - Borbála Fellegi
4. Crime and Justice: A Shift in Perspective - Louis Blom-Cooper
5. Civilising Civil Justice - Ann Skelton
6. Seriousness: A Disproportionate Construction and Application? - Christine Piper and Susan Easton

PART II: Civilising Theory
7. Restorative Justice Amongst Other Strategies - John Blad
8. Remorse and Facilitating Responsibility: Rationales of Personal Mitigation in Sentencing - Bas van Stokkom
9. To Punish or to Restore? A False Alternative - Serge Gutwirth and Paul De Hert
10. Dialogical Justice: Philosophical Considerations for Re-thinking the Reaction to Crime in a Restorative Way - Federico Reggio
11. Making Criminal Justice More Civilised Through Restorative Justice - Lode Walgrave

PART III: Civilising Practice
12. Could a Restorative System of Justice be more Civilised than a Punitive One? - Martin Wright
13. Restorative Justice Beyond: Mediation (not only) in Criminal Conflicts - Thomas Trenczek
14. Restorative Justice and Penal Mediation: The French Exception - Jean-Pierre Bonafé-Schmitt
15. Positioning the Offender in a Restorative Framework: Potential Dialogues and Forced Conversations - Claire Spivakovsky
16. Development of Restorative Justice Practices in Norway - Per Andersen
17. Downsizing the Use of Imprisonment in Finland - Tapio Lappi-Seppälä

18. Conclusions - David Cornwell, John Blad and Martin Wright