Restitution as Innovation or Unfilled Promise?

Galaway, Burt

doi:10.1007/978-1-349-22089-2_12

Cited by 5 publications

(2 citation statements)

References 13 publications

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“…Preliminary evaluations of restorative justice programs yield promising results. In a summary of studies, Galaway (1988) reported that the public is generally supportive of restorative justice projects (Doob & Roberts, 1983;Thomson & Ragona, 1998), that property offenders are less likely to recidivate when involved in restitution projects (Schneider, 1986;Sherman, 2000), and victims are supportive of programs that allow further participation in the criminal justice process, including meeting the offenders (Forst & Hennon, 1985;Gandy & Galaway, 1980;Umbreit, 1994).…”

Section: Notesmentioning

confidence: 99%

Offenders’ Family Members’ Responses to Capital Crimes

Eschholz¹,

Reed²,

Beck

et al. 2003

Homicide Studies

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Discussions of punishment for homicide usually focus on either retributive justice or deterrence. This article attempts to broaden these discussions to include using restorative justice to supplement the traditional judicial process in capital cases. Qualitative interviews with 19 family members of offenders tried in capital cases in the South are used to explore the need for restorative justice in capital cases. Results indicate that offenders’ family members often experience trauma; express empathy for victims and their families, as well as a desire to connect with them; and the community plays a critical role in their ability to cope with the homicide and its aftermath. The authors conclude that restorative justice practices should be explored to help victims’ and offenders’ family members cope with homicide and the trial that follows.

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Section: Notesmentioning

confidence: 99%

Offenders’ Family Members’ Responses to Capital Crimes

Eschholz¹,

Reed²,

Beck

et al. 2003

Homicide Studies

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“…[2] This theory was chosen because it can provide an overview of the modern punishment model, which is not only oriented towards taking revenge or imprisoning the perpetrator. [3] This modern legal theory approach emphasizes the importance of efforts to restore the victim's condition to normal. This analysis is needed to restore public confidence in the criminal system that operates in Indonesia so that compensation is not solely sought in a non-litigation mechanism, which then eliminates the perpetrator's obligation to fulfill the punishment decided through the judicial process.…”

Section: Introductionmentioning

confidence: 99%

Strengthening Indonesian Trafficking in Persons Law under Restitutio in Integrum Principles

Permanasari,

Hartiwiningsih,

Rustamaji

2024

Advances in Social Science, Education and Humanities Research

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The modern criminalization process should take more remarkable account to restore the victims' rights. Under the principle of responsiveness in good governance, the restitution mechanism is used to follow the Trafficking in Persons Law's (TIP Law) provisions. This article aims to explore the inefficiencies of restitution principles and provide alternative solutions to the victim of human trafficking. The legal issue arises because of the provisions that enable the perpetrator to replace the inability in paying restitution with one year prison. The research was conducted using normative juridical methods. A conceptual and legislative approach was chosen to examine the ideal form of implementing fair restitution. The creative restitution theory perspective prioritizes actions that are more than just restoring the victim's condition. This perspective explains alternative models of punishment that also accommodate stronger restitution for victims. The research results show that the prison sentence used to compensate for the perpetrator's inability to pay restitution does not reflect justice for the victim. This provisions increase the number of unpaid restitution. For this reason, this research suggests that the government can accommodate the application of restitution other than in the form of cash payments by revising the TIP Law. This effort is an essential solution to ensure that the implementation of restitution is under the philosophical objectives for which it was created.

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A Survey on Public Acceptance of Restitution as an Alternative to Incarceration for Property Offenders in Hennepin County, Minnesota, U.S.A.

Bae¹

1992

Restorative Justice on Trial

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Restitution as Innovation or Unfilled Promise?

Cited by 5 publications

References 13 publications

Offenders’ Family Members’ Responses to Capital Crimes

Offenders’ Family Members’ Responses to Capital Crimes

Strengthening Indonesian Trafficking in Persons Law under Restitutio in Integrum Principles

A Survey on Public Acceptance of Restitution as an Alternative to Incarceration for Property Offenders in Hennepin County, Minnesota, U.S.A.

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