Restorative Justice and Responsive Regulation

Cover Art for 9780195158397, Restorative Justice and Responsive Regulation by John Braithwaite
ISBN: 9780195158397
Publisher: Oxford University Press, USA
Published: 31 October, 2002
Format: Paperback
Language: English
Links Australian Libraries (Trove)
Editions:
3 other editions of this product

Braithwaite's argument against punitive justice systems and for restorative justice systems establishes that there are good theoretical and empirical grounds for anticipating that well designed restorative justice processes will restore victims, offenders, and communities better than existing criminal justice practices. Counterintuitively, he also shows that a restorative justice system may deter, incapacitate, and rehabilitate more effectively than a punitive system. This is particularly true when the restorative justice system is embedded in a responsive regulatory framework that opts for deterrence only after restoration repeatedly fails, and incapacitation only after escalated deterrence fails. Braithwaite's empirical research demonstrates that active deterrence under the dynamic regulatory pyramid that is a hallmark of the restorative justice system he supports, is far more effective than the passive deterrence that is notable in the stricter "sentencing grid" of current criminal justice systems.

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