'Stealing Conflicts' No More?: the Gaps and Anti-Restorative Elements in States’ Restorative-Justice Laws

Saint Louis U. Legal Studies Research Paper 2020-02

Saint Louis University Law Journal, vol. 64, 2020

37 Pages Posted: 7 Apr 2020

See all articles by Lynn S. Branham

Lynn S. Branham

Saint Louis University - School of Law

Date Written: 2020

Abstract

This Article first profiles key findings emanating from a statutory analysis of the close to two hundred criminal-justice-related, as well as juvenile-justicerelated, statutory provisions in the United States that pertain to restorative justice and practices (RJ/RP). This section of the Article unveils significant gaps and other substantial problems in states’ restorative-justice laws, including ways in which some of them conflict with core restorative tenets. The Article then proffers seven recommended statutory provisions for states’ consideration when enacting or amending their own RJ/RP laws.

These recommended provisions, combined with fidelity in their implementation, would help remedy or avert the gaps and anti-restorative elements this study found in existing restorative-justice laws in the United States.

Suggested Citation

Branham, Lynn S., 'Stealing Conflicts' No More?: the Gaps and Anti-Restorative Elements in States’ Restorative-Justice Laws (2020). Saint Louis U. Legal Studies Research Paper 2020-02 , Saint Louis University Law Journal, vol. 64, 2020, Available at SSRN: https://ssrn.com/abstract=3567413

Lynn S. Branham (Contact Author)

Saint Louis University - School of Law ( email )

100 N. Tucker Blvd.
St. Louis, MO Missouri 63101
United States

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