Restorative Justice From Prosecutors' Perspective

33 Pages Posted: 8 Jun 2020 Last revised: 12 Oct 2020

See all articles by Lara Abigail Bazelon

Lara Abigail Bazelon

University of San Francisco - School of Law

Bruce A. Green

Fordham University School of Law

Date Written: May 11, 2020

Abstract

Restorative justice processes have been promoted as an alternative to criminal adjudication for many years outside the United States and, in recent years, in the United States as well. In the United States, restorative justice processes are used in some jurisdictions in cases involving juvenile offenders or low-level, nonviolent offenses by adults, but they have rarely been used in cases of adult felony offenders charged with serious violent crimes. Whether restorative justice processes will be used more broadly depends largely on whether prosecutors become receptive to their use. A handful of newly elected ‚Äúprogressive prosecutors‚ÄĚ have expressed interest in applying restorative justice processes in these and other kinds of felony cases involving adult defendants. But conventional prosecutors generally remain uninterested in or hostile to restorative justice, even though most accept problem-solving courts and other alternatives to prosecution and incarceration. This Article explores why mainstream U.S. prosecutors are disposed against restorative justice and suggest how their concerns might best be addressed by restorative justice proponents.

Keywords: restorative justice, progressive prosecutors, civil law, criminal law, prosecution

Suggested Citation

Bazelon, Lara Abigail and Green, Bruce A., Restorative Justice From Prosecutors' Perspective (May 11, 2020). Fordham Law Review, 2020, Univ. of San Francisco Law Research Paper No. 2020-01, Available at SSRN: https://ssrn.com/abstract=3598618

Lara Abigail Bazelon (Contact Author)

University of San Francisco - School of Law ( email )

2130 Fulton Street
San Francisco, CA 94117
United States

Bruce A. Green

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States
212-636-6851 (Phone)
212-636-6899 (Fax)

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