New Challenges and Perspectives of Restorative Justice
From the beginning of punitive responses to the excesses of negative behavior, when a larger role was given to the victims and offenders, and their communities, penal and criminological scientific thought and practice have been trying to find effective solutions in response to crime. Dissatisfaction due to the lengthy and inefficient court trial, on one side and disappointment in the repressive policy of the states, on the other hand, has led to serious attempts to change the approach in response to crime and to find appropriate solutions to remove the consequences of crime. That movement introduces restorative justice, i.e. restorative measures and programs that have found their deserved place in almost all penal codes in the world. But, restorative measures do not reject retributive measures. They are interrelated and are not mutually exclusive, and therefore they can be practiced together. Discourse for their relationship and compatibility is part of this paper.
Namely, we are opening theoretical debate on several key questions: what is restorative justice; whether restorative interventions are alternatives to punishment or punishments, or whether restorative justice is the opposite of punitive and retributive justice? In an effort to give appropriate responses, we advocate the thesis that restorative justice allows for a more efficient and more humane response to crime.The main objective of this paper is to awaken the scientific community to accept restorative approaches in crime response as a new, nontraditional way of thinking and a new philosophy of life in general.
Barton, C (2000) “Restorative justice empowerment”, VOMA publication, available at: http://www.voma.org/docs/barton_rje.pdf
Barton, C (2001) “Empowerment and Retribution in Criminal and restorative justice”, VOMA publication, available at: http://www.voma.org/docs/barton_emp&re.pdf
Braithwaite, J. (1999) “Restorative justice: Assessing optimistic and pessimistic Accounts”, in Tonry, M. (ed.) Crime and Justice: A Review of Research, Vol. 25, p.1-127, available at: http://www.anu.edu.au/fellows/jbraithwaite/pubsbysubject/restorativejustice/index.php
Braithwaite, J. (1996) “Restorative justice and a better future”, available at: http://iirp.org/library/braithwaite.html
Christie, N. (1977) “Conflicts as property”, The British Journal of Criminology, Vol. 17 No1
Christie, N. (2003) “Кada je zaista dosta? I sta bi kriminolog trebalo da kaze?”, http://www.doiserbia.nb.rs/img/doi/1450-6637/2003/1450-66370303003C.pdf
Daly, K. (2001) “Restorative justice: The Real story”, available at: http://www.griffith.edu.au/__data/assets/pdf_file/0011/50321/kdpaper12.pdf
Dignan, J. (2003) “Towards a systemic Model of Restorative Justice: Reflections on the concept, its context and the need for clear constraints”, Restorative justice and criminal justice-competing or responsible paradigms?”, Hart Publishing, Oxford and Portland, Oregon
Frederiksen, E. (2005) “Restorative justice: Rethinking Justice in a postcolonial World”, available at: http://www.cpsa-acsp.ca/papers-2005/Frederiksen.pdf,
Johnstone, G. (2002) Restorative Justice – ideas, values, debates, William Publishing, Devon
Schmid, J. Donald (2001) “Restorative Justice in New Zealand: A Model For U.S. Criminal Justice”, Wellington, New Zealand, available at: http://www.fulbright.org.nz/voices/axford/docs/schmidd.pdf
Van Ness, W. Daniel (1998) “Restorative Justice: International Trends”, presented at Victoria University Wellington, New Zealand, available at: http://www.poderjudicialcoahuila.gob.mx/cursoprocesopenal/pdf/van-ness-int-trends.pdf
Von Hirsch, A., Ashworth, A. & Shearing, C. (2003) “Specifying Aims and Limits for Restorative Justice: A making Amends Model”, Restorative justice and criminal justice-competing or responsible paradigms?, Hart Publishing, Oxford and Portland, Oregon
Walgrave, L. (2001) “On Restoration and Punishment Favorable Similarities and fortunate differences”, in Morris, A. & Maxwell, G. (eds.) Restorative justice for juveniles – Conferencing, mediation and circles, Hart Publishing, Oxford and Portland, Oregon
Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters, ESCO Res.2000/14 U.N.Doc.E/2000
Law on juvenile justice, Official Gazette of the Republic of Macedonia No 87/2007
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