Restorative Justice: A Question of Legitimacy (From Restorative Justice for Juveniles: Potentialities, Risks and Problems, P 55-73, 1998, Lode Walgrave, ed. -- See NCJ-180156)

• NCJ Number: 180157
• Author(s): Jean Trepanier
• Editor(s): Lode Walgrave
• Date Published: 1998
• Length: 19 pages
• Sale Source: Leuven University Press
• Publication Format: Book (Softbound)
• Publication Type: Conference Material
• Language: English
• Country: Belgium

Annotation

Restorative justice proposes an alternative approach to juvenile justice, one that faces some of the legitimacy problems associated with traditional juvenile justice.

Abstract

Legitimacy problems are not exclusive to the restorative justice approach. They have undermined the credibility of traditional juvenile justice decisions over the years and represent the very reasons why alternative approaches, such as restorative justice, are being developed. Measures involving reparation and restitution to victims and community service have been used for some time, but it is only recently that the conceptual framework of restorative justice has emerged to show these measures in a different light. The restorative justice model, however, is too recent and sufficient time has not passed to develop a solid basis for its legitimacy, especially in relation to the issue of reparation of damages to the community. This concern must be addressed if restorative justice is not to be affected by the very same problems that have undermined traditional juvenile justice approaches it is designed to replace. Specific legitimacy issues in restorative justice are considered as they pertain to juvenile delinquency prevention, incapacitation, deterrence, rehabilitation, treatment, education, and reparation to both victims and society. 34 references and 8 footnotes