The Strangers in Criminal Procedure: Restorative Justice as a Possibility to Overcome the Simplicity of the Modern Paradigm of Criminal Justice

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Dokumentart: Article
Date: 2011
Source: Oñati Socio-Legal Series, 1-2, 2011
Language: English
Faculty: Kriminologisches Repository
Department: Kriminologie
DDC Classifikation: 360 - Social problems and services; associations
Keywords: Täter-Opfer-Ausgleich
Other Keywords:
Modern science
Penal procedure
Restorative justice
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T he present paper addresses the crisis of penal procedure in the contemporary s ociety from its epistemological basis to, then, present restorative justice as a c oncrete alternative to the traditional criminal procedure. The intention is to d escribe how criminal procedure got established since its modern scientific roots a nd, then, to show the impossibility of a satisfactory management of social conflicts a ccording to its standardized rules. After it, is argued that restorative justice is able t o better deal with social conflicts than criminal procedure, once that system does n ot have standardized rules and allows the stakeholders to decide the situation a ccording to their own deliberation, instead of being obliged to follow a decision from another person, usually a judge.

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