Restorative Justice in the 21st Century

In the current system however negotiation and

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Unformatted text preview: formal rather than truly adversarial (see Eisenstein & Jacobs, 1991; Hackler, 1991). In the current system, however, negotiation and bargaining service of retributive ends of the state (and the professional interests of attorneys) rather than the interests of offenders and victims. Due process protections are also important concerns of restorative justice advocates, and none have argued that it is necessary or desirable to weaken procedural protections for offenders to ensure restoration of offenders or to bring about more rapid implementation of restorative policies and practices. What some restorative justice advocates regard as an “obsession with process” in U.S. criminal and juvenile justice, however, may be due in part to the “high stakes” of being found guilty in a system that punishes with a great deal of severity (Wright, 1991; Zehr, 1990).9 B. Rehabilitating Offenders: Competency Development in a Balanced and Restorative Model In the Balanced Approach, the traditional individual treatment agenda is replaced by a broader emphasis on the goal of competency development which requires...
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