David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Utilitas 9 (1):99 (1997)
Restorative justice should have greater weight as a criterion in criminal justice sentencing practice. It permits a realistic recognition of the kinds of harm and damage caused by offences, and encourages individualized non-custodial sentencing options as ways of addressing these harms. Non-custodial sentences have proven more effective than incarceration in securing social reconciliation and preventing recidivism, and they avoid the serious social and personal costs of imprisonment. This paper argues in support of restorative justice as a guiding idea in sentencing. As part of this defence, it considers whether the use of the idea of restorative justice will conflate criminal law with civil law or displace the authority of the criminal courts, and whether the sentences it recommends are best thought of as punishments or alternatives to punishment
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Christopher Bennett (2006). Taking the Sincerity Out of Saying Sorry: Restorative Justice as Ritual. Journal of Applied Philosophy 23 (2):127–143.
Diane Whiteley (1998). The Victim and the Justification of Punishment. Criminal Justice Ethics 17 (2):42-54.
Similar books and articles
Phillip Balsmeier & Jennifer Kelly (1996). The Ethics of Sentencing White-Collar Criminals. Journal of Business Ethics 15 (2):143 - 152.
Constance de la Vega & Michelle T. Leighton, Sentencing Our Children to Die in Prison: Global Law and Practice.
Wesley Cragg (1992). The Practice of Punishment: Towards a Theory of Restorative Justice. Routledge.
Stanton Wheeler (1997). Review Essay / Sentencing Matters. Criminal Justice Ethics 16 (2):46-51.
Tyrone Kirchengast (2010). Proportionality in Sentencing and the Restorative Justice Paradigm: 'Just Deserts' for Victims and Defendants Alike? [REVIEW] Criminal Law and Philosophy 4 (2):197-213.
Lois G. Forer (1987). Review Essay / Sentencing by Sociology. Criminal Justice Ethics 6 (1):76-82.
John W. Hill (1993). The Organization of Ethics and the Ethics of Organizations. Business Ethics Quarterly 3 (1):27-43.
Daniel E. Palmer & Abe Zakhem (2001). Bridging the Gap Between Theory and Practice: Using the 1991 Federal Sentencing Guidelines as a Paradigm for Ethics Training. [REVIEW] Journal of Business Ethics 29 (1-2):77 - 84.
Roozbeh Baker, Proportionality in the Criminal Law: The Differing American Versus Canadian Approaches to Punishment.
Tyrone Kirchengast, Recent Developments in Victim Agency in the New South Wales Justice System: The Case of Victim Impact Statements.
L. I. LI, Case Screening Discretion in the Chinese Adjudicative Committee System: From a Sentencing Perspective.
Steven Keith Tudor (2008). Why Should Remorse Be a Mitigating Factor in Sentencing? Criminal Law and Philosophy 2 (3):241-257.
M. Sigler (2000). The Story of Justice:Retribution, Mercy, and the Role of Emotions in the Capital Sentencing Process. [REVIEW] Law and Philosophy 19 (3):339-367.
Added to index2010-08-30
Total downloads22 ( #164,215 of 1,790,408 )
Recent downloads (6 months)15 ( #54,832 of 1,790,408 )
How can I increase my downloads?