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Restorative Justice & Responsive Regulation
TLDR
In this article, Braithwaite's empirical research demonstrates that active deterrence under the dynamic regulatory pyramid that is a hallmark of the restorative justice system he supports, is far more effective than the passive deterrence that is notable in the stricter "sentencing grid" of current criminal justice systems.Abstract:
Braithwaite's argument against punitive justice systems and for restorative justice systems establishes that there are good theoretical and empirical grounds for anticipating that well designed restorative justice processes will restore victims, offenders, and communities better than existing criminal justice practices. Counterintuitively, he also shows that a restorative justice system may deter, incapacitate, and rehabilitate more effectively than a punitive system. This is particularly true when the restorative justice system is embedded in a responsive regulatory framework that opts for deterrence only after restoration repeatedly fails, and incapacitation only after escalated deterrence fails. Braithwaite's empirical research demonstrates that active deterrence under the dynamic regulatory pyramid that is a hallmark of the restorative justice system he supports, is far more effective than the passive deterrence that is notable in the stricter "sentencing grid" of current criminal justice systems.read more
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Procedural Justice, Legitimacy, and the Effective Rule of Law
TL;DR: In this paper, the authors suggest that the key factor shaping public behavior is the fairness of the processes legal authorities use when dealing with members of the public, both during personal experiences with legal authorities and when community residents are making general evaluations of the law and of legal authorities.
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The growth of incarceration in the United States: exploring causes and consequences
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The age of responsibilization: on market-embedded morality
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On the People's Terms: A Republican Theory and Model of Democracy
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