Restorative justice has developed rapidly from being a barely known term to occupying a central role in debates on the future of criminal justice. But as it has become part of the mainstream of debate, so new tensions and issues have emerged. One of the most crucial issues is to find an appropriate combination of restorative justice, based essentially on informal deliberation, and the law. The purpose of this book is to analyse the several dimensions to this issue. It explores the social and ethical foundations of restorative justice, seeks to position it in relation to both rehabilitation and punishment, and examines the possibility of developing and incorporating restorative justice as the mainstream response to crime in terms of the principles of constitutional democracy. Amongst the questions it addresses are the following: How are informal processes to be juxtaposed with formal procedures? What is the appropriate relationship between voluntarism and coercion? How can the procedures and practices of restorative justice be combined with legal standards, safeguards and precepts? How can one balance restorative responses with legally sanctioned punishment? In this book a distinguished team of contributors consider this crucial set of relationships between restorative justice and the law, building upon papers and discussions at the fifth international restorative justice conference in Leuven, Belgium, in September 2001. restorative justice has grown rapidly throughout the worldthis book addresses the central issue of relationship of restorative justice to existing law and legal systemschapters from world leading authorities

Restorative justice has developed from a barely known term to a central role in debates on the future of criminal justice. But as it has moved into the mainstream so new tensions and issues have emerged as it becomes increasingly integrated into normal practice, and part of broader legal and judicial systems ­ both in common law countries and those with centralised legal systems. The purpose of this book is to explore this developing relationship between the concepts and practice of restorative justice on the one hand, and the law and legal systems on the other. Amongst the questions it addresses are the following: how are informal processes to be juxtaposed with formal procedures? what is the appropriate relationship between voluntarism and coercion? how can the procedures and practices of restorative justice be combined with legal standards, safeguards and precepts?

The present handbook offers, in a quick reference format, an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach. Its focus is on a range of measures and programmes, inspired by restorative justice values, that are flexible in their adaptation to criminal justice systems and that complement them while taking into account varying legal, social and cultural circumstances. It was prepared for the use of criminal justice officials, non-governmental organizations and community groups who are working together to improve current responses to crime and conflict in their community

Restorative justice is an innovative approach to responding to crime and conflict that shifts the focus away from laws and punishment to instead consider the harm caused and what is needed to repair that harm and make things right. Interest in restorative justice is rapidly expanding, with new applications continuously emerging around the world. The restorative philosophy and conference process have shown great promise in providing a justice response that heals individuals and strengthens the community. Still, a few key questions remain unanswered. First, how is the personal and relational transformation apparent in the restorative justice process achieved? What can be done to safeguard and enhance that effectiveness? Second, can restorative justice satisfy the wider public’s need for a reaffirmation of communal norms following a crime, particularly in comparison to the criminal trial? And finally, given its primary focus on making amends at an interpersonal level, does restorative justice routinely fail to address larger, structural injustices? This book engages with these three critical questions through an understanding of restorative justice as a ritual. It proffers three dominant ritual functions related to the performance of justice: the normative, the transformative, and the proleptic. Two justice rituals, namely, the criminal trial and the restorative justice conference, are examined through this framework in order to understand how each process fulfills, or fails to fulfill, the multifaceted human need for justice. The book will be of interest to students, academics, and practitioners working in the areas of Restorative Justice, Criminal Law, and Criminology.

This collection of essays on restorative justice surveys the different contexts in which restorative justice can be utilized in the practice of law and elsewhere. Restorative justice is itself an elusive concept and the essays show how the meaning of restorative justice can shift depending upon the needs of the parties and the community. Restorative justice is not only related to criminal law and corrections. It is related to all aspects of life and law, including civil disputes, civil rights, interpersonal relationships, and personal growth and self-awareness. Consequently, the essays roam over many fields: housing discrimination, family disputes, the war on drugs, the death penalty, juvenile courts, the law school curriculum, torture, immigration, clergy sexual abuse, international conflicts, yoga, and self-healing. The book calls for action as well as reflection. Sheila M. Murphy is a retired Illinois trial judge. She was Presiding Judge of the Markham court. Its jurisdiction consisted of 37 towns and over 1 million people. Among the many cases she heard was the case of Verneal Jimerson who had been condemned to death. His innocence became evident in a de novo hearing and Judge Murphy dismissed his indictment and freed him. In her retirement she assisted Dominique Green advocating against the death penalty in his case in Texas. Dominique s case is the subject matter of a book by Thomas Cahill, A Saint on Death Row. Prior to becoming a judge, Sheila Murphy served as a Cook County Public Defender for seven years and as a panel lawyer for the Federal Defenders of Northern District of Illinois for eleven years. Judge Murphy graduated from Marquette University, where she met her husband, Patrick Racey and De Paul University Law School. In 2014 she was awarded a lifetime achievement award by the Illinois Judges Association. Professor Michael Seng and Adjunct Professor Sheila Murphy designed a unique course in restorative justice at John Marshall Law School in Chicago . Law students learn restorative justice and then bring it to the grade and high schools, communities and courts. Sheila Murphy has lectured on restorative justice in China, the Czech Republic, Ireland, Slovakia, Taiwan, and recently, Norway. Michael P. Seng is a professor at The John Marshall Law School where he teaches a variety of courses focused on constitutional law, civil rights, and comparative law. He is the co-director of The John Marshall Law School Fair Housing Legal Support Center and Clinic. He is also the director of International Student Programs at The John Marshall Law School. Before teaching, he was in private practice and was directing attorney for the Land of Lincoln Legal Assistance Office in Cairo, Illinois, where he litigated many civil rights cases. He was a Fulbright Professor in Nigeria and in the Czech Republic. He is a graduate of the University of Notre Dame and the Notre Dame Law School. He has been teaching restorative justice with Judge Murphy since 2011. "

Restorative justice has developed rapidly from being a barely known term to occupying a central role in debates on the future of criminal justice. But as it has become part of the mainstream of debate, so new tensions and issues have emerged. One of the most crucial issues is to find an appropriate combination of restorative justice, based essentially on informal deliberation, and the law. The purpose of this book is to analyse the several dimensions to this issue. It explores the social and ethical foundations of restorative justice, seeks to position it in relation to both rehabilitation and punishment, and examines the possibility of developing and incorporating restorative justice as the mainstream response to crime in terms of the principles of constitutional democracy. Amongst the questions it addresses are the following: How are informal processes to be juxtaposed with formal procedures? What is the appropriate relationship between voluntarism and coercion? How can the procedures and practices of restorative justice be combined with legal standards, safeguards and precepts? How can one balance restorative responses with legally sanctioned punishment? In this book a distinguished team of contributors consider this crucial set of relationships between restorative justice and the law, building upon papers and discussions at the fifth international restorative justice conference in Leuven, Belgium, in September 2001. restorative justice has grown rapidly throughout the worldthis book addresses the central issue of relationship of restorative justice to existing law and legal systemschapters from world leading authorities

The second edition of this renowned text explores the implications of developments in the restorative justice campaign to provide a feasible and desirable alternative to mainstream thinking on matters of crime and justice. It includes a new chapter identifying and analyzing fundamental shifts and developments in restorative justice thinking over the last decade.