Accountability in Restorative Justice

Paperback | October 5, 2004

byDeclan RocheAs told byDeclan Roche

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In reviving the idea of an informal approach to conflict resolution, the Restorative Justice movement attempts to break out of the freedom punitive thinking which shapes modern criminal justice. Its proponents claim that its guiding ideals - personalism, participation, and reintegration -deliver a fairer, more effective, and more humane justice than does the court system. However, a simplistic tendency both to extol the virtues of restorative justice and to denigrate all formal approaches risks blinding enthusiasts to the dangers inherent in unchecked participant power , as well asto the protection which State institutions and professionals can provide to individuals and communities.The procedural safeguard of institutional accountability helps reduce these dangers. Examining the experiences of 25 programmes in six countries, Accountability in Restorative Justice uncovers a number of neglected, overlapping, and incomplete types of accountability, including the informal typebuilt into deliberations between victims and offenders and their supporters. This deliberative accountability can provide a rigorous check for regulating decision-making, holding state agencies accountable, and monitoring the completion of agreements reached between participants.This book also considers the role played by formal types of accountability, such as external review. It suggests a new approach, in which judges become more involved in monitoring the quality of deliberation in restorative justice conferences than with enforcing traditional sentencing principles.

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In reviving the idea of an informal approach to conflict resolution, the Restorative Justice movement attempts to break out of the freedom punitive thinking which shapes modern criminal justice. Its proponents claim that its guiding ideals - personalism, participation, and reintegration -deliver a fairer, more effective, and more human...

Declan Roche is Lecturer in Law at the London School of Economics and Political Science. He gained a Ph.D. from the Research School of Social Sciences at Australian National University, Canberra.

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Format:PaperbackDimensions:331 pages, 8.5 × 5.43 × 0.72 inPublished:October 5, 2004Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199274274

ISBN - 13:9780199274277

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Table of Contents

1. The Rise and Risks of Restorative Justice2. The Meaning of Restorative Justice and Accountability3. Methods and Overview of Programmes4. Deliberative Accountability in Restorative Meetings5. Multiple Uses of Deliberative Accountability6. Supporting Deliberative Accountability: Neglected Accountability Methods7. Supporting Deliberative Accountability: The Role of Traditonal Accountability8. Semi-Formal Justice: Combining Informal and Formal JusticeAppendix A: Case StudiesAppendix B: ObservationsAppendix C: IntervieweesReferencesIndex

Editorial Reviews

`' ... Throughout the book Roche presents clear, very concrete and well-supported recommendations as to how the practice [of restorative justice] can be revised and developed to bring it in line with the ideal ... I regard Accountability in Restorative Justice as a major contribution toknowledge and debate about the prospects and problems of restorative justice. It is theoretically sophisticated and impeccably researched. It also has the merit of being a highly readable, empirically researched book''Professor Gerry Johnstone, University of Hull, Legal Studies