Restoring Justice

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

• ISBN13: 9781583605202
• ISBN10: 1583605207
• Edition: 2nd
• Format: Paperback
• Copyright: 2001-05-01
• Publisher: Taylor & Francis

Table of Contents

Foreword	iii
Part One The Vision of Restorative Justice	1	(52)
Visions and Patterns: Why Patterns of Thinking Obstruct Criminal Justice Reform	3	(12)
The Ancient Pattern	7	(6)
What Went Wrong?	13	(2)
Streams and Structures: The Creation of a New Pattern of Thinking	15	(22)
Streams	16	(11)
Informal Justice	16	(2)
Restitution	18	(2)
The Victims' Movement	20	(1)
Mediation/Conferencing/Circles	21	(3)
Social Justice	24	(3)
The Term ``Restorative Justice''	27	(1)
Explorers of Restorative Justice Theory	28	(4)
Structures	32	(3)
Conclusion	35	(2)
Restorative Justice: Justice That Promotes Healing	37	(16)
Restorative Justice as Opposed to What?	43	(2)
Restorative Justice: A Visual Model	45	(4)
Conclusion	49	(4)
Part Two The Values of Restorative Justice	53	(100)
Encounter	55	(24)
Mediation	57	(4)
Conferencing	61	(2)
Circles	63	(3)
Impact Panels	66	(2)
Elements of Encounter	68	(3)
Strategic Issues	71	(6)
Minimizing Coercion	71	(1)
Parties Involved	72	(5)
Conclusion	77	(2)
Amends	79	(20)
Apology	82	(1)
Changed Behavior	83	(1)
Restitution	84	(1)
Generosity	84	(1)
The Role of Restitution	85	(1)
Who Should Receive Restitution?	86	(4)
Should Restitution Reflect the Seriousness of the Offense or of the Injury?	90	(4)
For Which Injuries Should Restitution be Provided?	91	(1)
When Restitution is Not Feasible	92	(2)
Evaluation and Other Ongoing Issues	94	(2)
Conclusion	96	(3)
Reintegration	99	(24)
Victims	102	(2)
Offenders	104	(2)
Reintegration	106	(4)
Reintegrating Communities	110	(10)
Support and Assistance Groups	110	(3)
Faith Communities as Reintegrating Communities	113	(7)
Conclusion	120	(3)
Inclusion	123	(30)
Restorative Justice and Inclusion	125	(2)
Victim Inclusion in the Criminal Justice System	127	(4)
Information	127	(2)
Presence in Court	129	(1)
Victim Impact Statements	130	(1)
Giving the Victim Legal Standing to Participate in Criminal Proceedings	131	(2)
The History of Victim Involvement in Criminal Cases	133	(7)
The Professionalization of Justice Reduces the Victims' Role	136	(4)
Victim and Prosecutor	140	(1)
Victim Participation at Various Stages of Criminal Proceedings	141	(2)
Investigation	142	(1)
Arraignment through Presentencing	143	(3)
Plea Bargaining	143	(1)
Sentencing	144	(1)
Post-Sentencing	145	(1)
The Victim as Civil Claimant in Criminal Cases	146	(4)
Issues	146	(4)
Conclusion	150	(3)
Part Three The Venture Toward Restorative Justice	153	(98)
Conceptual Objections to Restorative Justice	156	(29)
This Means the End of Criminal Law	156	(3)
Multiple Parties Cannot Pursue Multiple Goals and Achieve a Single Overarching Purpose	159	(4)
Not All Harms Can Be Identified, and of Those That Are, Not All Are of Equal Importance	163	(2)
Government and Community Will Not Be Able to Share Responsibility for Public Safety in the Way Anticipated by Restorative Justice Theory	165	(3)
This Will Reduce Due Process Protection	168	(4)
Victims Cannot Receive Adequate Attention in Any Model That Simultaneously Considers Offender Rehabilitation	172	(4)
This Will Cause Unacceptable Disparity of Sanctions	176	(4)
Coercion Will be Necessary, and Coercion is Antithetical to a Restorative Model	180	(1)
Conclusion	181	(4)
Practical Objections to Restorative Justice	185	(20)
Restorative Justice Will Not Work with Dangerous Offenders	186	(5)
Most Victims and Offenders are Never Identified	191	(3)
Large-Scale Use of Restorative Justice Will Lead to its Depersonalization	194	(2)
Individualistic and Pluralistic Cultures Will Keep Restorative Justice from Working	196	(2)
Restorative Justice May Work for Minor Crimes, but Certainly Not for Murder	198	(4)
Conclusion	202	(3)
Planning for Restorative Justice	205	(16)
Build Support for Restorative Justice	205	(3)
Develop a Credible Coalition	208	(1)
Pursue Strategic Goals	209	(4)
Revisit the Vision	213	(3)
Evaluate for Impact	216	(1)
Realign Vision and Practice	217	(1)
Stay Connected	217	(1)
Expect Resistance	218	(2)
Conclusion	220	(1)
Toward a Restorative System	221	(18)
The Relationship of Restorative Programs to the Criminal Justice System	221	(3)
Four Models of a Restorative System	224	(2)
Practical Realities	226	(2)
A Framework for Thinking about a Restorative System	228	(9)
Conclusion	237	(2)
Transformation	239	(12)
Transformation of Perspective	241	(4)
Transformation of Structures	245	(2)
Transformation of Persons	247	(4)
Appendix	251	(22)
Declaration of Leuven on the Advisability of Promoting the Restorative Approach to Juvenile Crime	253	(8)
CE Recommendation No. R (99) 19 Concerning Mediation in Penal Matters (CE, 1999)	261	(6)
[Draft] Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters (UN, 2000)	267	(6)
Selected Bibliography	273	(24)
Subject Index	297	(12)
Name Index	309