Concept of restorative justice as sentencing philosophy

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In Chapter 1 we introduced the concept of restorative justice as a sentencing philosophy and practice that emphasizes an offender taking responsibility to repair the harm done to a victim and surrounding community. Restorative justice is most often used during pretrial proceedings as an alternative in the civil justice system. However, restorative justice may also be used as a part of and/or following traditional criminal sentencing. Restorative justice is more victim-centered than traditional methods of criminal justice, involving the victim and the community throughout the entire process of justice. It is practiced worldwide in both juvenile and adult systems, and the form it takes is largely dependent on cultural factors (Umbreit & Armour, 2010). The form that restorative justice has taken in the United States is termed "Western" as opposed to "aboriginal," which refers to that practiced by indigenous peoples in countries such as Canada, New Zealand, and Australia. Canada recognizes both forms insofar as Western restorative justice speaks to the dominant Canadian majority and aboriginal initiatives honor the traditional values and legal principles of the aboriginal people. In the United States, Western restorative justice is community based and combines mainstream American criminal justice with the indigenous justice practiced by Native Americans long before European settlers colonized North America.

Reference no: EM133810293

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