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“Mediated Civil Compromise: A Tool for Restorative Justice.”

Price, Marty D.
June 4, 2015

Source: (-0001) Oregon Defense Attorney Journal.

Price posits an instance of embezzling as an example of a case of an offense in which society has little or no need to exact retribution from the offender and, likewise, little or no need to punish for the sake of deterrence. Realistically, harm was done only to the victim. If an agreement could be reached, by which: the offender would take meaningful responsibility for the harm done by restoring the victim’s losses, and by which, the offender could demonstrate his remorse and become reconciled with the victim, then the state’s justice dollars would be better spent prosecuting another offender who, absent remorse and meaningful responsibility, presents a genuine threat to the public. This is the philosophy of restorative justice, rather than retributive justice.

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