The Strangers in Criminal Procedure: Restorative Justice as a possibility to overcome the simplicity of the modern paradigm of criminal justice

Authors

  • Daniel Acchutti Instituto de Criminologia e Alteridade (Institute for Criminology and Alterity – ICA) and the Instituto Transdisciplinar de Estudos Criminais (Transdisciplinary Institute of Criminal Studies – ITEC)

Keywords:

Restorative Justice, Penal Procedure

Abstract

The present paper addresses the crisis of penal procedure in the contemporary society from its epistemological basis to, then, present restorative justice as a concrete alternative to the traditional criminal procedure. The intention is to describe how criminal procedure got established since its modern scientific roots and, then, to show the impossibility of a satisfactory management of social conflicts according to its standardized rules. After it, is argued that restorative justice is able to better deal with social conflicts than criminal procedure, once that system does not have standardized rules and allows the stakeholders to decide the situation according to their own deliberation, instead of being obliged to follow a decision from another person, usually a judge.

DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1737851

Downloads

Download data is not yet available.
Views 77
Downloads:
PDF 126


Downloads

Published

30-11-2010

How to Cite

Acchutti, D. (2010) “The Strangers in Criminal Procedure: Restorative Justice as a possibility to overcome the simplicity of the modern paradigm of criminal justice”, Oñati Socio-Legal Series, 1(2). Available at: https://opo.iisj.net/index.php/osls/article/view/7 (Accessed: 29 March 2024).

Similar Articles

You may also start an advanced similarity search for this article.