Perils and possibilities in restorative justice: Spaces for sexual crimes and punishment

Kothari, Vidushi (2023) Perils and possibilities in restorative justice: Spaces for sexual crimes and punishment. Scope, 13 (4). pp. 639-647. ISSN 11775653 | 11775661

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Restorative Justice is a controversial process that brings together a victim of a crime with wrongdoer and/or other stakeholders for a dialogue as a way of healing from conflicts and harms brought about by crime. Many scholars are optimistic about its benefits to victims, wrongdoer and societal relationships at large yet others are skeptical of its application to sensitive cases where punishment must be administered for justice. This research explores the theoretical framework and debates to determine whether restorative justice is deemed suitable for crimes that require punishment especially for sexual crimes. This paper makes an attempt to understand that restorative justice need not be at odds with punishment, but may be applicable to some sexual crimes while safeguarding their best interest. Further, restorative justice may be delivered pre-trial/post-sentencing and at the clear and unequivocal option of victim/wrongdoer to avoid intermingling and/or being co-opted by the traditional criminal justice process

Item Type: Article
Keywords: Restorative Justice | Punishment | Punishment theory | Retribution | Sexual Crimes | Criminal Justice
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 26 Feb 2024 14:34
Last Modified: 26 Feb 2024 14:35
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