Can Restorative Justice Be of Value in Forensic Cases? Perspectives of a Lawyer and a Psychologist

22 Pages Posted: 23 Oct 2014 Last revised: 30 Oct 2014

See all articles by Michael L. Perlin

Michael L. Perlin

New York Law School

Valerie Rae McClain

Neurology and Physical Therapy Centers of Tampa Bay

Date Written: October 21, 2014

Abstract

Restorative justice (RJ) is a means by which to restore victims, restore offenders, and restore communities in a way that all stakeholders can agree is just, via the values of participation, reparation, equality, a forward-looking approach, respect, and dignity. Although concepts of restorative justice have been steadily growing in the context of the criminal trial process since the mid-1980s, most growth has come in cases involving post-sentencing victim-offender interaction. There has been virtually no movement to apply restorative justice principles to forensic cases.

In this paper, we preliminarily explore – from the perspectives of both the lawyer and the forensic psychologist -- how RJ principles might be used in the full range of forensic cases, including matters involving incompetency to stand trial, the insanity defense and sentencing of defendants with mental disabilities.

Keywords: Restorative justice; forensic testimony; incompetency to stand trial; insanity defense; sentencing; criminal trial process

Suggested Citation

Perlin, Michael L. and McClain, Valerie Rae, Can Restorative Justice Be of Value in Forensic Cases? Perspectives of a Lawyer and a Psychologist (October 21, 2014). NYLS Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=2512890 or http://dx.doi.org/10.2139/ssrn.2512890

Michael L. Perlin (Contact Author)

New York Law School ( email )

185 West Broadway
New York, NY 10013
United States
212-431-2183 (Phone)

HOME PAGE: http://https://www.nyls.edu/faculty/faculty-profiles/emeriti_faculty/

Valerie Rae McClain

Neurology and Physical Therapy Centers of Tampa Bay ( email )

2835 W Deleon St.
Ste 205
Tampa, FL 33601
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
317
Abstract Views
2,066
Rank
178,626
PlumX Metrics