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“Restorative justice and its need for procedural safeguards and standards.”

Eliaerts, Christian
June 4, 2015

Source: Typed manuscript of draft (photocopy). Brussels, Belgium: Vrije Universiteit.

Noting the increasing interest in restorative justice, Eliaerts and Dumortier comment both on the potential for restorative justice and on concerns about its application. They ask whether restorative justice’s “informalism and lack of rulesâ€? should also be tempered with clear procedural safeguards and standards, especially with respect to juvenile justice. They examine five areas which, in their view, require greater attention to procedural safeguards and standards: proportionality of sanctions; voluntary participation in the process; right to legal assistance; the influence of restorative justice outcomes on subsequent criminal justice proceedings; and the presumption of innocence. They also urge basic standards for good restorative justice practice.


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