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, Vol. 1, No. 2, 2011

Revista de Estudos Criminais, No. 26, p. 173, 2007

17 Pages Posted: 13 Jan 2011 Last revised: 27 Mar 2011

Daniel Achutti

Unilasalle; Institute for Criminology and Alterity

Date Written: 2007

Abstract

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.

Keywords: Modern Science, Penal Procedure, Restorative Justice, Criminology

Suggested Citation

Achutti, Daniel, The Strangers in Criminal Procedure: Restorative Justice as a Possibility to Overcome the Simplicity of the Modern Paradigm of Criminal Justice (2007). Revista de Estudos Criminais, No. 26, p. 173, 2007. Available at SSRN: https://ssrn.com/abstract=1737851

Daniel Silva Achutti (Contact Author)

Unilasalle ( email )

Canoas
Brazil

Institute for Criminology and Alterity ( email )

Av. Taquara
Porto Alegre, Rio Grande do Sul 90000000
Brazil

HOME PAGE: http://www.criminologiaealteridade.ning.com

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