Source: (2002) Utah Law Review, forthcoming 2003. Duke University Law School. 14 October 2002.

Sara Sun Beale describes in this paper the movement toward greater punitiveness in the criminal justice system in the United States in the 1980s and 1990s. She contrasts this development with the restorative justice movement in Australia and New Zealand. While punitiveness has been dominant in the U.S., some restorative justice programs are operating, many being run rather on the margins of the criminal justice system by churches and private agencies. Beale starts with this situation and inquires about the prospects for widespread adoption of restorative justice principles and a substantial restructuring of the criminal justice system in the U.S. along restorative lines.

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