The Strangers in Criminal Procedure: Restorative Justice as a possibility to overcome the simplicity of the modern paradigm of criminal justice
<p>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 sin...
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| Format: | Article |
| Language: | English |
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Oñati International Institute for the Sociology of Law
2011-02-01
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| Series: | Oñati Socio-Legal Series |
| Subjects: | |
| Online Access: | http://ssrn.com/abstract=1737851 |
| _version_ | 1818201552709484544 |
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| author | Daniel Acchutti |
| author_facet | Daniel Acchutti |
| author_sort | Daniel Acchutti |
| collection | DOAJ |
| description | <p>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.</p> <p><strong>DOWNLOAD THIS PAPER FROM SSRN</strong>: <a title="Download from SSRN" href="http://ssrn.com/abstract=1737851" target="_blank">http://ssrn.com/abstract=1737851</a></p> |
| first_indexed | 2024-12-12T02:55:22Z |
| format | Article |
| id | doaj.art-1a26faea3c2142b18d9fbd35c8ae0351 |
| institution | Directory Open Access Journal |
| issn | 2079-5971 |
| language | English |
| last_indexed | 2024-12-12T02:55:22Z |
| publishDate | 2011-02-01 |
| publisher | Oñati International Institute for the Sociology of Law |
| record_format | Article |
| series | Oñati Socio-Legal Series |
| spelling | doaj.art-1a26faea3c2142b18d9fbd35c8ae03512022-12-22T00:40:47ZengOñati International Institute for the Sociology of LawOñati Socio-Legal Series2079-59712011-02-01124The Strangers in Criminal Procedure: Restorative Justice as a possibility to overcome the simplicity of the modern paradigm of criminal justiceDaniel Acchutti<p>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.</p> <p><strong>DOWNLOAD THIS PAPER FROM SSRN</strong>: <a title="Download from SSRN" href="http://ssrn.com/abstract=1737851" target="_blank">http://ssrn.com/abstract=1737851</a></p>http://ssrn.com/abstract=1737851Restorative JusticePenal Procedure |
| spellingShingle | Daniel Acchutti 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 Restorative Justice Penal Procedure |
| title | The Strangers in Criminal Procedure: Restorative Justice as a possibility to overcome the simplicity of the modern paradigm of criminal justice |
| title_full | The Strangers in Criminal Procedure: Restorative Justice as a possibility to overcome the simplicity of the modern paradigm of criminal justice |
| title_fullStr | The Strangers in Criminal Procedure: Restorative Justice as a possibility to overcome the simplicity of the modern paradigm of criminal justice |
| title_full_unstemmed | The Strangers in Criminal Procedure: Restorative Justice as a possibility to overcome the simplicity of the modern paradigm of criminal justice |
| title_short | The Strangers in Criminal Procedure: Restorative Justice as a possibility to overcome the simplicity of the modern paradigm of criminal justice |
| title_sort | strangers in criminal procedure restorative justice as a possibility to overcome the simplicity of the modern paradigm of criminal justice |
| topic | Restorative Justice Penal Procedure |
| url | http://ssrn.com/abstract=1737851 |
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