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Criminal Law

: Sentencing Law and Policy

"Restorative Justice and Child Sex Offences: The Theory and the Practice"

By Douglas A. Berman

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The title of this posts is the title of this recent article from the British Journal of Criminology, which is now available here via SSRN.  Here is the abstract: Restorative justice advocates have made a number of claims about the effectiveness of restorative justice in relation to sexual assault crimes, such as its ability to defuse power relations between the parties and heal the harm.  This article examines whether or not restorative justice is one of the ways forward in the difficult area of prosecuting child sex offences by re-analysing some of the data reported in Daly (2006) and comparing restorative justice with other reforms to the sexual assault trial.  It concludes that there is insufficient evidence to support the view that there are inherent benefits in the restorative justice process that provide victims of sexual assault with a superior form of justice...continue to full post

Full post as published by Sentencing Law and Policy on June 03, 2009 (boomark / email).

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