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Post-adversarial and post-inquisitorial justice: Transcending traditional penological paradigms

May 24, 2010

Amongst prosecutors, at least in France, there is a divergence of
opinion about alternative procedures generally. Some see them as a means
of extending formal social control where social controls have failed;
some welcome them as a means of re-engaging the community by dealing
with social conflict, especially relatively minor conflicts; others see
them as tokenistic and ineffective unless they are properly resourced;
while another group sees them as symbolic and only to be used when
prosecution would never have been contemplated.

These views are probably reflective of prosecutors’ attitudes
elsewhere in Europe. Nonetheless, it could be argued that the prospects
for the development of restorative justice  are greater in some Europe
jurisdictions than some adversarial jurisdictions particularly where the
penal culture is relatively nonmoralistic, where there are relatively
low imprisonment rates (e.g. France, Germany, Belgium, Italy and Spain)
and where there is a willingness to use intermediate sanctions.

Read the whole paper.


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