Restorative Justice, Consistency and Proportionality: Examining the Trade-off

No. Panggil :	eja-21-0124
Nama Orang :	Tiarks, Elizabeth






Penerbitan :	[Place of publication not identified] : Taylor and Francis - Criminology and Law, 2019

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Entri Tambahan Nama Orang
Abstrak	Restorative justice conferences that operate as sentencing mechanisms involve the making of a trade-off between empowering lay participants to make their own decisions, and the requirements of consistency and proportionality, which are established principles of sentencing. In current restorative justice practice, this trade-off tends to be made more in favour of consistency and proportionality, at the expense of the empowerment of lay participants. Empowerment is central to key benefits of restorative justice, such as reducing recidivism and increasing victim satisfaction. However, its importance to the effectiveness of restorative justice is not always properly acknowledged. In addition to this lack of acknowledgment, there are both conceptual and practical problems with the principles of consistency and proportionality (particularly in the way that they are presented when considered in relation to restorative justice) that are often overlooked. As a result, the tendency is for assumptions to be made about the necessary supremacy of these principles over empowerment. This paper urges more acknowledgement of the importance of empowerment in restorative justice, together with a greater appreciation of the problems with consistency and proportionality, with a view to challenging assumptions about the way that the trade-off must be made
001 Hak Akses (open/membership)	membership
Kata Kunci	sentencing, punishment, restorative justice, proportionality, consistency, empowerment
ISSN	0731-129X (Print) 1937-5948 (Online)
Tahun Terbit	2019
No. Induk	eja-21-0124
Entri Sumber Data	Taylor and Francis - Criminology and Law
Entri Utama Nama orang	Tiarks, Elizabeth
Volume, Nomor, Tahun dan Hlm.	vol. 38, no. 2, p. 103-122
Subjek Topik
Barcode	eja-21-0124
Judul Utama	Restorative Justice, Consistency and Proportionality: Examining the Trade-off
Kode Bahasa	eng
Sumber Koleksi	Perpustakaan Nasional