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NCJ Number: 118341 Find in a Library
Title: Reparation for Retributivists (From Mediation and Criminal Justice: Victims, Offenders and Community, P 212-228, 1989, Martin Wright and Burt Galaway, eds. -- See NCJ-118327)
Author(s): D Watson; J Boucherat; G Davis
Date Published: 1989
Page Count: 17
Sponsoring Agency: Sage Publications Ltd
London, EC2A 4PU, England
Sale Source: Sage Publications Ltd
6 Bonhill Street
London, EC2A 4PU,
United Kingdom
Type: Report (Study/Research)
Language: English
Country: United Kingdom
Annotation: A review of some 30 mediation and restitution programs in England and Wales indicates that reparative justice is floundering on the margins of the criminal justice system, largely because a retributive justice system does not recognize its value.
Abstract: Restitution or reparation is restricted to minor offenses and to be used as a minor component of sentences with a punitive thrust. If retributivists were to acknowledge that a breach of public law is also wrong done to a victim, reparative justice might be central within a retributive framework. This could be achieved through existing and other forms of compensation order and by giving reparation priority in all cases but those where the crime is serious and the scope for reparation is limited. When reparation is voluntary, it should, as a matter of retributive justice in relation to the offender, reduce or make unnecessary any court compensation order; it should also remind the court that the wrong done to the victim has been remedied, such that the level of retribution imposed need not reflect the damage done to the victim. 13 references.
Main Term(s): Restitution
Index Term(s): England; Mediation; Punishment; Wales
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