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Restorative Justice: Theory

NCJ Number
153827
Author(s)
D W Van Ness; D R Carlson Jr; T Crawford; K Strong
Date Published
1989
Length
67 pages
Annotation
This report proposes a model for a new criminal justice paradigm and then discusses "transformation" issues and impediments likely to arise in implementing the new paradigm.
Abstract
The first four chapters discuss the need for a new paradigm of criminal justice, describe how the purposes of justice have changed over the centuries, review the work of reform advocates, and propose a model for a new criminal justice paradigm. The proposed paradigm is not new; rather, it is based in ancient cultures, notably that of the Hebrews as portrayed in the Bible. The term used for the new paradigm is "restorative justice." This paradigm defines crime as injury to victims, includes all parties in the response to crime, and addresses the injuries experienced by all parties as well as the legal obligations of offenders. This contrasts with the current paradigm, which views crime as simply law breaking, excludes the victim and community from the criminal justice process, and focuses on punishing the offender. In making the transition to the restorative justice paradigm, the authors recommend the establishment and implementation of intermediate goals, such as granting victims a formal role in the criminal justice system, sentencing nonviolent offenders to restitution and community service, and providing crime victims with crisis intervention services through local churches. 51 references