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restorative justice : ウィキペディア英語版
restorative justice

Restorative justice is an approach to justice that focuses on the needs of the victims and the offenders, as well as the involved community, instead of satisfying abstract legal principles or punishing the offender. Victims take an active role in the process, while offenders are encouraged to take responsibility for their actions, "to repair the harm they've done—by apologizing, returning stolen money, or community service".〔"A New Kind of Criminal Justice", ''Parade'', October 25, 2009, p. 6.〕 In addition, it provides help for the offender in order to avoid future offences. It is based on a theory of justice that considers crime and wrongdoing to be an offence against an individual or community, rather than the State. Restorative justice that fosters dialogue between victim and offender shows the highest rates of victim satisfaction and offender accountability.
==Definition==
According to John Braithwaite (2004), restorative justice is:
The process of restorative justice necessitates a shift in responsibility for addressing crime. In a restorative justice process, the citizens who have been affected by a crime must take an active role in addressing that crime. Although law professionals may have secondary roles in facilitating the restorative justice process, it is the citizens who must take up the majority of the responsibility in healing the pains caused by crime.
Dr. Carolyn Boyes-Watson (2014) at Suffolk University's Center for Restorative Justice defines restorative justice as:
Howard Zehr describes the difference between restorative justice and traditional criminal justice in terms of the guiding questions each system asks. In ''Changing Lenses'', Zehr asserts that restorative justice asks:
# Who has been hurt?
# What are their needs?
# Whose obligations are these?
# What are the causes?
# Who has a stake in the situation?
# What is the appropriate process to involve stakeholders in an effort to address causes and put things right?〔Zehr, Howard. Changing Lenses – A New Focus for Crime and Justice. Scottdale PA: 2005 (3rd ed), 271.〕
This contrasts with the traditional criminal justice, which seeks answers to three questions:
# What laws have been broken?
# Who did it?
# What do the offender(s) deserve?〔Zehr, Howard. ''The Little Book of Restorative Justice'', Intercourse, PA: Good Books, 2002.〕
Restorative justice is very different from either the adversarial legal process or that of civil litigation. J. Braithwaite writes, "Court-annexed ADR (alternative dispute resolution) and restorative justice could not be philosophically further apart", because the former seeks to address only legally relevant issues and to protect both parties' rights, whereas restorative justice seeks "expanding the issues beyond those that are legally relevant, especially into underlying relationships."〔(Braithwaite, J. ''Restorative Justice & Responsive Regulation'' 2002 ), Oxford University Press, at 249. ISBN 0-19-515839-3〕

Similarly, citing Greif, Liebmann wrote

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「restorative justice」の詳細全文を読む



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