The astonishing development of restorative justice practice over the past decade has inspired creative new thinking about the philosophy of punishment and principles of justice. Many of the questions raised in this book - such as the relationship between restorative and retributive justice and the values and processes which should guide restorative practice - are the subject of intense debates. With contributions from many of the most distinguished scholars in the field, this book analyzes the gap between philosophy and practice and the need for practice to be more informed by philosophy. This volume is a milestone in the development of those underlying principles which will direct the progress of restorative justice in the future.

The return of emotions to debates about crime and criminal justice has been a striking development of recent decades across many jurisdictions. This has been registered in: the return of shame to justice procedures, a heightened focus on victims and their emotional needs, fear of crime as a major preoccupation of citizens and politicians, and highly emotionalized public discourses on crime and justice. But how can we best make sense of these developments? Do we need to create 'emotionally intelligent' justice systems, or are we messing recklessly with the rational foundations of liberal criminal justice? This collection brings together leading criminologists and sociologists from across the world in a much needed conversation about how to re-calibrate reason and emotion in crime and justice today. The contributions range from the micro-analysis of emotions in violent encounters to the paradoxes and tensions that arise from the emotionalization of criminal justice in the public sphere. They explore the emotional labor of workers in police and penal institutions, the justice experiences of victims and offenders, and the role of vengeance, forgiveness and regret in the aftermath of violence and conflict resolution. The result is a set of original essays which offer an interesting, fresh, and timely perspective on problems of crime and justice in contemporary liberal democracies. (Series: Onati International Series in Law and Society) *** " . . . an important read for anyone who is interested in matters of public policy related to policing, restorative justice, punitive discourse, the victim's movement, and the 're-emotionalization' of the justice system generally." - Jacob Young, Saskatchewan Law Review 2014, v. 77

The return of emotions to debates about crime and criminal justice has been a striking development of recent decades across many jurisdictions. This has been registered in the return of shame to justice procedures, a heightened focus on victims and their emotional needs, fear of crime as a major preoccupation of citizens and politicians, and highly emotionalised public discourses on crime and justice. But how can we best make sense of these developments? Do we need to create emotionally intelligent justice systems, or are we messing recklessly with the rational foundations of liberal criminal justice? This volume brings together leading criminologists and sociologists from across the world in a much needed conversation about how to re-calibrate reason and emotion in crime and justice today. The contributions range from the micro-analysis of emotions in violent encounters to the paradoxes and tensions that arise from the emotionalisation of criminal justice in the public sphere.They explore the emotional labour of workers in police and penal institutions, the justice experiences of victims and offenders, and the role of vengeance, forgiveness and regret in the aftermath of violence and conflict resolution. The result is a set of original essays which offer a fresh and timely perspective on problems of crime and justice in contemporary liberal democracies.

What is restorative justice ... and does it work? These are just two of the many questions posed by David J Cornwell in this incisive work. Based on a lifetime of research and experience it deals with the concerns about crime and punishment of that most vivid of judicial creations, 'The Man or Woman on the Clapham Omnibus'. As the author explains, this human reference point for reason and good sense is likely to be far more receptive to sound explanation and argument than the media (and tabloid press in particular) might give credit. And after all, it is his or her taxes which are being routinely wasted on outmoded or discredited methods. Crime will not disappear through the application of heavy-handed sanctions. Indeed, they make matters worse. With prisons overflowing in many western countries, restorative justice offers a better and ultimately more intuitive solution. Cornwell dismantles the traditional arguments for 'locking people away' and undermines the idea that it is necessary to be 'tough on crime'. The book credits people with a higher level of intelligence. It provides them with proper answers and explanations based on sound data, copious research and an in-depth analysis of existing trends. It is a work for people who value credibility rather than politically-driven excuses with their increasingly damaging effects. David J Cornwell is a criminologist and consultant with extensive practical experience of prisons and imprisonment, having worked in senior positions within the public and private sectors in the UK and abroad. He has written two previous and acclaimed books on restorative justice, Criminal Punishment and Restorative Justice (2006) and Doing Justice Better (2007) (both Waterside Press). Heather Strang is the Director of the Centre for Restorative Justice at the Australian National University and one of the leading international commentators on this topic.

Over the past three decades, the victim movement worldwide has agitated for an enhanced role for victims in the criminal justice system. In this book Heather Strang argues that, despite some progress towards that goal, structural as well as political factors may mean that victims have won as much as they are likely to gain from conventional justice processing. She asks whether restorative justice can offer them more justice than they receive from the formal court-based system. Drawing on a five-year study of the impact of a restorative justice programme on victims of both property and violent crime, Strang presents empirical evidence to show that the restorative alternative of conferencing more often than court-based solutions has the capacity to satisfy victims' expectations of achieving a meaningful role in the way their cases are dealt with as well as delivering restoration, especially emotional restoration, from the harm they have suffered.

This book addresses one of the most controversial topics in restorative justice: its potential for resolving conflicts within families. It focuses on feminist and indigenous concerns in family violence that may warrant special caution in applying restorative justice. At the same time, it looks for ways of designing a place for restorative interventions that respond to these concerns.

This book addresses one of the most controversial topics in restorative justice: its potential for resolving conflicts within families. It focuses on feminist and indigenous concerns in family violence that may warrant special caution in applying restorative justice. At the same time, it looks for ways of designing a place for restorative interventions that respond to these concerns.

Advocates of restorative justice question the state's ability to deliver satisfactory justice. This provocative volume looks at the flourishing restorative justice movement and considers the relationship between restorative justice and civil society. Genuinely international, it addresses aspects of civil society including schools, families, churches and private workplaces and considers broader issues such as democracy, human rights, access and equity. It presents the ideals of restorative justice so that victims, offenders, their families and communities might have more representation in the justice process.

This book addresses the role of victims in our criminal justice system and the shortcomings they perceive in the way they are treated. It examines whether restorative justice can offer them more justice than they receive from the formal court-based system. Research into the shortcomings of the court-based system has identified a number of issues that victims want to address. In brief, they want a less formal process where their views count, more information about both the processing and the outcome of their case, a greater opportunity for participation in the way their case is dealt with, fairer and more respectful treatment, and emotional as well as material restoration as an outcome. Over the past three decades, the victim movement worldwide has agitated for an enhanced role for victims in criminal justice. Despite some successes, it appears that structural as well as political factors may mean that victims have won as much as they are likely to gain from formal justice. A series of randomized controlled trials in Canberra, known as the Reintegrative Shaming Experiments (RISE), has provided an opportunity to compare rigorously the impact on victims of court-based justice with a restorative justice program known as conferencing. In these experiments, middle-range property and violent offences committed by young offenders were assigned either to court (as they would normally have been treated) or to a conference. Empirical evidence from RISE examined in this book suggests that the restorative alternative of conferencing more often than court has the capacity to give victims what they say they want in achieving meaningful victim participation and restoration, especially emotional restoration.

Advocates of restorative justice question the state's ability to deliver satisfactory justice. This provocative volume looks at the flourishing restorative justice movement and considers the relationship between restorative justice and civil society. Genuinely international, it addresses aspects of civil society including schools, families, churches and private workplaces and considers broader issues such as democracy, human rights, access and equity. It presents the ideals of restorative justice so that victims, offenders, their families and communities might have more representation in the justice process.