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Beyond the Criminal Justice Paradox

NCJ Number
172647
Journal
European Journal on Criminal Policy and Research Volume: 4 Issue: 4 Dated: (1996) Pages: 7-20
Author(s)
H Boutellier
Date Published
1996
Length
14 pages
Annotation
This article discusses alternatives to the traditional criminal justice system.
Abstract
The demand for criminal justice cannot be fulfilled by the traditional criminal justice system: it is too limited in scope, means and effectiveness. The search for alternatives is a common impetus among policy makers, politicians, criminologists, and the public. The alternatives involve a more prominent role for the victim and the community: mediation, compensation, restoration, shaming and community service. This article regards mediation and restorative justice as the most prominent alternatives. A policy emphasizing these factors can fill the gap between traditional criminal justice with imprisonment as its cornerstone and social policy which concentrates on equality and well-being. The factors show the settling of a new "equilibrium between law and morality." The article elaborates on the criminal justice paradox of much demand and limited supply; tries to diagnose the moral situation in post-modern society; argues that the mentioned alternatives are mainly focused on norm confirmation; tries to bridge the gap between social policy and criminal justice policy; and reflects critically on this development. Notes, figure, references