Restorative Justice and the Justification of Punishment
by Dolinko, David
June 4, 2015
Source: (2003) Utah Law Review. 2003(1): 319-342. University of Utah S.J. Quinney College of Law. Downloaded 13 October 2003. Inasmuch as restorative justice is a broad term defined in a variety of ways by different advocates, David Dolinko focuses in this paper on John Braithwaite’s...
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Repairing the Harm: Victims and Restorative Justice
by Sherman, Lawrence W
June 4, 2015
Source: (2003) Utah Law Review. 2003(1): 15-42. University of Utah S.J. Quinney College of Law. Downloaded 13 October 2003. A chief argument for restorative justice, write Heather Strand and Lawrence Sherman, is that “the jurisprudence of retribution” has ignored victims’...
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Restoration, A Component of Justice
by Elton, Kathy M
June 4, 2015
Source: (2003) Utah Law Review. 2003(1): 43-56. University of Utah S.J. Quinney College of Law. Downloaded 13 October 2003. Kathy Elton and Michelle Roybal begin this article with a brief survey of changes in juvenile justice in Utah over a ten year period in response to particular incidents...
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Reconstructing Professional Roles in Restorative Justice Programs
by Olson, Susan M
June 4, 2015
Source: (2003) Utah Law Review. 2003(1): 57-89. University of Utah S.J. Quinney College of Law. Downloaded 13 October 2003. After a brief summary of restorative justice theory, Susan Olson and Albert Dzur ask whether there is any role for criminal justice professionals in restorative justice...
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Between Town and Gown: The Rise and Fall of Restorative Justice on Boulder’s University Hill
by Russell, Thomas D
June 4, 2015
Source: (2003) Utah Law Review. 2003(1): 91-136. University of Utah S.J. Quinney College of Law. Downloaded 13 October 2003. A professor of law, Thomas Russell writes of his experiences living and working in the city of Boulder, Colorado, location of the University of Colorado, where he taught...
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Restorative Justice and the Danger of Community
by Weisberg, Robert
June 4, 2015
Source: (2003) Utah Law Review. 2003(1): 343-374. University of Utah S.J. Quinney College of Law. Downloaded 13 October 2003. Though much of what follows may sound like a fundamental criticism of the restorative justice movement, it is not so intended. Rather, it is an admonition to the...
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The Virtues of Restorative Processes, the Vices of “Restorative Justice”
by Robinson, Paul H
June 4, 2015
Source: (2003) Utah Law Review. 2003(1): 375-388. University of Utah S.J. Quinney College of Law. Downloaded 13 October 2003. In this article, Paul Robinson distinguishes restorative processes from restorative justice. To him, restorative processes refer to such practices as victim-offender...
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Holism, Justice, and Atonement
by Braithwaite, John
June 4, 2015
Source: (2003) Utah Law Review. 2003(1): 389-412. University of Utah S.J. Quinney College of Law. Downloaded 13 October 2003. Citing an essay by Erik Luna, John Braithwaite observes that criminology is dominated by critiques of various theories of punishment. (In view of the critique...
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Law and Economics of Restorative Justice: Why Restorative Justice Cannot and Should Not Be Solely About Restoration
by Bush, Darren
June 4, 2015
Source: (2003) Utah Law Review. 2003(1): 439-469.University of Utah S.J. Quinney College of Law. Downloaded 13 October 2003. Darren Bush in this paper approaches issues of restorative justice from the perspective of the school of thought known as “law and economics.â€? Law...
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Myth in Restorative Justice History
by Sylvester, Douglas J
June 4, 2015
Source: (2003) Utah Law Review. 2003(1): 471-522.University of Utah S.J. Quinney College of Law. Downloaded 13 October 2003. Douglas Sylvester begins this article with remarks and illustrations concerning the use of history in the entertainment business and in the trial setting. Historians...
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Restorative Justice and the Two-Track Establishment Clause
by Gedicks, Frederick Mark
June 4, 2015
Source: (2003) Utah Law Review. 2003(1): 523-532.University of Utah S.J. Quinney College of Law. Downloaded 13 October 2003. In this paper Frederick Gedicks scrutinizes whether restorative justice programs pass the establishment clause of the First Amendment of the Constitution of the United...
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Integrating Restorative Justice and Therapeutic Jurisprudence
by Schopp, Robert F
June 4, 2015
Source: (1998) Revista Juridica Universidad de Puerto Rico. 67: 665. As Robert Schopp points out, some have suggested that therapeutic jurisprudence may provide a useful structure for restorative justice. Yet this suggestion has not been followed with detailed discussion of the proposed...
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The Great Excavation: ‘Discovering’ Navajo Tribal Peacemaking Within the Anglo-American Family System
by Arsenault, Laurie A
June 4, 2015
Source: (2000) Ohio State Journal on Dispute Resolution. 15:795. As Laurie Arsenault notes at the outset, many have characterized the Anglo-American adversarial system of criminal justice as unproductive and dissatisfying. In search of new approaches, some have turned to various schemes of...
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Forgiveness in Psychology and Law: The Meeting of Moral Development and Restorative Justice
by Enright, Robert D
June 4, 2015
Source: (2000) Fordham Urban Law Journal. 27: 1621. This essay grows out of collaborative work done in the areas of forgiveness and law by the Department of Educational Psychology and the Restorative Justice Project at the Law School in the University of Wisconsin-Madison. Enright and Kittle...
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South Africa’s Truth and Reconciliation Commission as an Alternate Means of Addressing Transitional Government in a Divided Society
by Geula, Marianne
June 4, 2015
Source: (2000) Boston University International Law Journal. 18:57. In this article, Marianne Geula evaluates the procedures and processes of South Africa’s Truth and Reconciliation Commission (TRC) as viable means of addressing conflict. Specifically, she examines the TRC’s...
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