Prospects for restorative justice in the juvenile justice system
Title | Prospects for restorative justice in the juvenile justice system |
Publication Type | Journal Article |
Year of Publication | 2013 |
Authors | Massaro P |
Journal | Interdisciplinary Journal of Family Studies |
Volume | 18 |
Issue | 2 |
Pagination | 132-150 |
Date Published | 12/2013 |
Publisher | Padova University Press |
Place Published | Padova, IT |
ISSN Number | 2282-2011 |
Keywords | justice - restoration - punishment - accountability – participation |
Abstract | The present paper sustains a sociologically based reflection drawn from the models of juvenile justice and proposes the implementation of spaces thus far conquered by restorative justice through processes of penal mediation. Such a paradigm has in practice provided, while in need of further epistemological clarification, a solid account of itself in relation to the needs of the victim and the offender. Participation in mediation is suggested here as functional to the accountability of the minor, a critical step to attaining the activation of rehabilitation pathways, otherwise difficult to achieve. Such considerations may induce the legislature towards non-deferrable regulatory interventions and the juvenile judiciary towards reflecting on its own legal culture, marked by paternalistic attitudes, at the expense of choices simply made in terms of lenience. |