
Braithwaite's argument against punitive justice systems and for restorative justice systems establishes that there are good theoretical and empirical grounds for anticipating that well designed restorative justice processes will restore victims, offenders, and communities better than existing criminal justice practices. Counterintuitively, he also shows that a restorative justice system may deter, incapacitate, and rehabilitate more effectively than a punitive system. This is particularly true when the restorative justice system is embedded in a responsive regulatory framework that opts for deterrence only after restoration repeatedly fails, and incapacitation only after escalated deterrence fails. Braithwaite's empirical research demonstrates that active deterrence under the dynamic regulatory pyramid that is a hallmark of the restorative justice system he supports, is far more effective than the passive deterrence that is notable in the stricter "sentencing grid" of current criminal justice systems.
This work investigates whether restorative justice processes, when integrated into a responsive regulatory framework, can outperform traditional punitive criminal justice systems in terms of victim restoration and offender rehabilitation. John Braithwaite, a prominent scholar in criminology and sociology, utilizes extensive empirical research to challenge the efficacy of standard punitive models. He proposes a dynamic regulatory pyramid that prioritizes restorative outcomes, reserving deterrence and incapacitation as secondary measures to be employed only when initial restorative efforts fail. The book argues that this tiered approach provides a more robust mechanism for social control than the rigid sentencing grids currently favored in many jurisdictions.
What You Will Find
Experts in the field of criminology frequently cite this text as a foundational contribution to the study of responsive regulation and restorative justice. Readers often note the academic density of the prose, which is intended for scholars, policymakers, and legal professionals seeking a rigorous theoretical framework for criminal justice reform.
Page Count:
336
Publication Date:
2002-10-24
Publisher:
Oxford University Press
ISBN-10:
0195158393
ISBN-13:
9780195158397
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