Source: (2003) In, Andrew von Hirsch, et. al., eds., Restorative Justice and Criminal Justice: Competing or Reconcilable Paradigms? Oxford and Portland, Orgeon: Hart Publishing. Pp. 21-42.
In this essay, the authors explore the feasibility of clarifying aims and limits for restorative justice. They begin by sketching a particular model of restorative justice which they term the Ã¢Â€Âœmaking amendsÃ¢Â€? model. In describing this specific model of restorative justice, they also attempt to draw out some of its implications. These implications pertain to the scope of the modelÃ¢Â€Â™s application, methods and techniques for achieving the modelÃ¢Â€Â™s ends, criteria for evaluating success or failure, and possible requirements regarding proportionality. The authors then examine two ways in which such a model might be implemented. The first way is the more ambitious. It would be as a comprehensive sanctioning approach designed essentially to replace traditional criminal justice. The second way is more modest. It would be as a scheme for a specified range of cases, within the broader framework of a proportionality-oriented sentencing system. As a cautionary note, the authors make clear that they are not advocating the Ã¢Â€Âœmaking amendsÃ¢Â€? model of restorative justice. Their analysis of it in this essay is a device to suggest how restorative justiceÃ¢Â€Â™s aims and limits might be specified more clearly.
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