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REPARATIVE JUSTICE: TOWARDS A VICTIM ORIENTED SYSTEM

NCJ Number
148341
Journal
European Journal on Criminal Policy and Research Volume: 1 Issue: 1 Pages: 70-93
Author(s)
E Weitekamp
Date Published
Unknown
Length
23 pages
Annotation
The article argues for the use of reparative justice and restitution as a solution to current criminal justice problems.
Abstract
Although the financial compensation of victims was prevalent in past societies, today's criminal justice systems use a punitive approach. Some forms of reparative justice developed in the 1970's and 1980's, but they were confined to minor property offenses. Yet the problems of a punitive system, such as the one in the United States, suggest that a reparative approach might become an effective alternative to incarceration. In this context, T. Marshall's model for a reparative justice (Criminal Justice in the New Community, 1991) is the most innovative and detailed. Considering new developments in ecology, politics, internationalism, management, religion, and conflict resolution, Marshall has created a new paradigm of criminal justice. Rather than blaming the offender, his system considers crime as a problem to be solved collectively. With the input of the courts and the community, restitution is used fairly to deal with nearly all crimes. Major emphasis is placed on the offender's social reintegration and on a reconciliation with the crime victim. Detention is applied only if offenders pose a threat to public safety. The article concludes that only time can show whether such an approach, though desperately needed, can succeed. 70 references