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Critical analysis of the United Nations Declaration of Basic Principles on the Use of Restorative Justice Programs in Criminal Matters.

Nadeau, Jason
June 4, 2015

Source: (2001) Leuven, Belgium: Katholieke Universiteit Leuven, Centre for Advanced Legal Studies.

In this study, Nadeau examines the United Nations Declaration of Basic Principles on the Use of Restorative Justice in Criminal Matters. A literature review at the beginning covers writings dealing with definitions of restorative justice, community, and retributive justice, and with measures for determining the restorative qualities of a criminal justice system. On this basis, Nadeau analyzes the declaration itself. The analysis begins with definitions of significant terms in the document. It continues with key issues in the use of restorative practices, such as the following: free and voluntary consent; reasonable and proportionate obligations; procedural safeguards; power imbalances; safety matters; and outcomes.

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