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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- Spring '10
- 1984, ........., Balanced and Restorative Justice