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Repentance Rituals and Restorative Justice
Authors:J. Braithwaite
Affiliation:Law, Australian National University
Abstract:For most of this century, debate over how criminal justice should be transacted has alternated between an emphasis on retribution versus rehabilitation. Restoration has emerged in the 1990s as a credible third alternative. The most influential definition of restorative justice is by Tony Marshall in the context of a Delphi process conducted by Paul McCold: 'Restorative justice is a process whereby all the parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of the offence and its implications for the future'. Restorative justice means restoring victims, restoring offenders and restoring communities. Among the losses victims, offenders or communities might want restored are property loss, injury, a sense of security, dignity, a sense of empowerment, voice, harmony based on a feeling that justice has been done, and social support.
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