Abstract
This Article develops a model that integrates restorative justice within the
conventional punitive system of criminal responsibility and punishment.
Contrary to the conventional wisdom, we demonstrate that restorative justice
should form a synergy with retributivism, deterrence, incapacitation, and
other punitive goals of criminal law. We show how this synergy can be
formed, illustrate its operation and identify its potential contribution to social
welfare.
conventional punitive system of criminal responsibility and punishment.
Contrary to the conventional wisdom, we demonstrate that restorative justice
should form a synergy with retributivism, deterrence, incapacitation, and
other punitive goals of criminal law. We show how this synergy can be
formed, illustrate its operation and identify its potential contribution to social
welfare.
Original language | American English |
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Pages (from-to) | 2313-2346 |
Journal | Cardozo Law Review |
Volume | 34 |
Issue number | 6 |
State | Published - 2013 |