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Restorative justice and the incorporation of dispute resolution into the criminal justice system: Playing devil’s advocate

Montgomery, Andrew N
June 4, 2015

Source: (1998) Alberta, Canada: Canadian Forum on Civil Justice

Montgomery points to conflicting directions over reform of Canadian criminal justice, especially juvenile justice: one direction consists of pushing for new measures to “get toughâ€? on youth crime; another direction consists of advocacy for a restorative approach to juvenile justice. Montgomery aligns himself with restorative justice reform, yet he acknowledges critical questions for this new approach. In this context, Montgomery addresses potential pitfalls and risks connected with restorative justice reforms. Specifically, he examines the magnitude of the change being sought, and the nature of the risks in a restorative justice paradigm. Some of the issues he discusses include the following: evidence for effectiveness; victim participation; re-victimization; women’s issues; power dynamics; net-broadening; socio-cultural insensitivities; and lack of expertise in community-based, volunteer organizations.

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