The strangers in criminal procedure: restorative justice as a possibility to overcome the simplicity of the modern paradigm of criminal justice

The present paper addresses the crisis of penal procedure in the contemporary society from its epistemological basis to, then, present restorative justice as a c oncrete alternative to the traditional criminal procedure. The intention is to describe how criminal procedure got established since its m...

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Bibliographic Details
Published in:Oñati Socio-Legal Series
Main Author: Achutti, Daniel (Author)
Format: Electronic Article
Language:English
Published: 2011
In:Oñati Socio-Legal Series
Year: 2011, Volume: 1, Issue: 2, Pages: 1-17
Online Access: Volltext (Kostenfrei)
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Summary:The present paper addresses the crisis of penal procedure in the contemporary society from its epistemological basis to, then, present restorative justice as a c oncrete 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 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 not 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
ISSN:2079-5971
DOI:10.15496/publikation-36434