Restorative Justice: A ‘Making Amends’ Model?

Andrew von Hirsch · Andrew J. Ashworth

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Criminal Justice and Penology Criminal Law and Policy Legal and Policy Analysis in Indonesia

Abstract

This chapter deals with restorative justice (RJ), which typically involves processes by which offender and victim meet to negotiate a disposition involving some kind of ‘reparative’ or ‘restorative’ task. The chapter sketches and analyzes a particular conception for RJ — the ‘making amends’ model. It examines two ways in which the model may be implemented: first, as a comprehensive scheme aimed at replacing the criminal sentencing system; second, as a scheme for a specified range of cases, within the broader framework of a proportionality-oriented sentencing system.

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