Restoring Justice : An Introduction to Restorative Justice,9781422463307

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Restoring Justice : An Introduction to Restorative Justice

by Van Ness, Daniel W.; Strong, Karen Heetderks

Edition:

4th

ISBN13:

9781422463307

ISBN10:

1422463303

Format:

Paperback

Pub. Date:

3/24/2010

Publisher(s):

Elsevier Science Ltd

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Summary

Restoring Justice: An Introduction to Restorative Justice offers a clear and convincing explanation of restorative justice, a movement within criminal justice with growing worldwide influence. It explores the broad appeal of this new vision and offers a brief history of its development. The book presents a theoretical foundation for the principles and values of restorative justice and develops its four cornerpost ideas of encounter, amends, inclusion and reintegration. After exploring how restorative justice ideas and values may be integrated into policy and practice, it presents a series of key issues commonly raised about restorative justice, summarizing various perspectives on each. Van Ness and Strong are renowned scholars in the field of restorative justice. Appendices include a case study to help illustrate the concepts of the text and internet resources on topics in restorative justice.

Dedication	p. iii
Comments on Previous Editions of Restoring Justice	p. v
Foreword	p. vii
The Concept of Restorative Justice	p. 1
Visions and Patterns: How Patterns of Thinking can Obstruct Justice	p. 3
An Ancient Pattern	p. 6
A Shift in Thinking	p. 9
Critiques Pointing to a New Pattern	p. 12
Informal Justice	p. 12
Indigenous Justice	p. 13
Restitution	p. 14
Victim's Rights and Assistance	p. 15
Prison Abolition	p. 16
Social Justice	p. 17
Conclusion	p. 18
Notes	p. 18
A Brief History of Restorative Justice: The Development of a New Pattern of Thinking	p. 21
The Term "Restorative Justice"	p. 21
Exlorers of Restoratvie Justice Theory	p. 24
Programs Offering Restorative Processes	p. 26
Victim-Offender Mediation	p. 26
Conferencing	p. 28
Circles	p. 29
Incorporation of Restorative Justice into Criminal Justice Systems	p. 30
Timeline of Significant Developments Related to Restorative Processes	p. 31
Conclusion	p. 39
Notes	p. 39
Restorative Justice: Justice that Promotes Healing	p. 41
Definition of Restorative Justice	p. 41
Principles of Restorative Justice	p. 43
Values of Restorative Justice	p. 47
Restorative Justice or Restorative Practices?	p. 50
Restorative Justice as Opposed to What?	p. 50
Does Restorative Justice Work?	p. 53
Restorative Justice: A Visual Model	p. 54
Conclusion	p. 58
Notes	p. 59
The Cornerposts of Restorative Justice	p. 61
Encounter	p. 63
Mediation	p. 66
Conferencing	p. 68
Circles	p. 69
Impact Panels	p. 71
Elements of Encounter	p. 73
Issues	p. 75
Minimizing Coercion	p. 75
Parties Involved	p. 76
Accountability for Conduct and Outcomes of Encounters	p. 80
Conclusion	p. 81
Notes	p. 81
Amends	p. 83
Apology	p. 85
Changed Behavior	p. 86
Generosity	p. 87
Issues Related to Restitution	p. 89
Who Should Receive Restitution?	p. 89
Should Restitution Reflect the Seriousness of the Offense or of the Injury?	p. 92
For Which Injuries Should Restitution be Provided?	p. 93
When Restitution is Not Feasible	p. 93
Conclusion	p. 95
Notes	p. 96
Reintegration	p. 97
Victims	p. 99
Offenders	p. 101
Reintegration	p. 103
Building a Reintegrative Response	p. 104
Reintegrating Communities	p. 106
Support and Assistance Groups	p. 106
Faith Communities as Reintegrating Communities	p. 108
Conclusion	p. 114
Notes	p. 115
Inclusion	p. 117
Restorative Justice and Inclusion	p. 119
Victim Inclusion in the Criminal Justice System	p. 120
Information	p. 121
Presence in Court	p. 122
Victim Impact Statements	p. 123
Giving the Victim Legal Standing to Participate in Criminal Proceedings	p. 124
The History of Victim Involvement in Criminal Cases	p. 125
The Professionalization of Justice Reduces the Victims' Role	p. 128
Victim and Prosecutor	p. 130
Victim Participation at Various Stages of Criminal Procedings	p. 132
Investigation	p. 133
Arraignment through Presentencing	p. 133
Plea Bargaining	p. 134
Sentencing	p. 134
Post-Sentencing	p. 135
The Victim as Civil Claimant in Criminal Cases	p. 135
Conclusion	p. 136
Notes	p. 137
The Challenge of Restorative Justice	p. 139
Making Restorative Justice Happen	p. 141
Building Support for Restorative Justice	p. 141
Develop a Credible Coalition	p. 143
Pursue Strategic Goals	p. 145
Revisit the Vision and Evaluate Impact	p. 148
Realign Vision and Practice	p. 151
Stay Connected	p. 152
Expect Resistance	p. 152
Conclusion	p. 154
Notes	p. 154
Toward a Restorative System	p. 155
Uses of Restorative Justice Processes in Contemporary Criminal Justice	p. 155
Five System Models and "Restorativeness"	p. 159
A Framework for Assessing the "Restorativeness" of a System	p. 163
Conclusion	p. 172
Transformation	p. 173
Transformation of Perspective	p. 174
Transformation of Structures	p. 177
Transformation of Persons	p. 178
Notes	p. 180
RJ City^SM Case Study: When Ed and David Broke into Mildred's House and Took Things	p. 183
Internet Resources on Topics in Restorative Justice	p. 197
Select Bibliography	p. 209
Subject Index	p. 235
Author Index	p. 257
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