Restorative Justice in the 21st Century

8 see braithwaite j 1989 9 this overemphasis on due

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Unformatted text preview: that in order to restore a community, some offenders will need to be removed from it (some temporarily, a few permanently). In all cases the value attached to reintegration and the need to change the preference of some communities for “throwing away” troublesome young people must be weighed against public safety needs and the demand that victims be protected against further victimization. 7. See Wilkins, L. (1991). 8. See Braithwaite, J. (1989). 9. This overemphasis on due process may also have a number of unintended consequences according to these observers. To accommodate the needs of attorneys, for example, juveniles may be detained juveniles for longer periods or cases adjourned more frequently for continuances. Although the protections provided in a restorative process should not be judged against an ideal adversarial process that rarely occurs in retributive justice, ultimate outcomes in terms of fairness for victims and the accused, would, however, have to remain an empirical question. In countries where restorative processes are more widely used in juvenile justice, a variety of mechanisms have been devised to protect offender rights while maximizing access to non-adversarial options, both as part of diversion and in conjunction with the formal process. Moreover, concerns raised...
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