Dispute resolution in criminal law

Spencer, David, and Hardy, Samantha (2014) Dispute resolution in criminal law. In: Spencer, David, and Hardy, Samantha, (eds.) Dispute Resolution in Australia: cases, commentary and materials. Thomson Reuters, Sydney, NSW, Australia, pp. 428-473.

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[Extract] [8.05] Dispute resolution is a process not typically thought of in relation to criminal matters.This is largely because of the way the criminal justice system is set up in Australia, in which the "dispute" is formally between the State and the offender (rather than between individuals, such as the victim and the offender). In addition, in the criminal justice system, outcomes tend to be seen as being based around punishment, and there is some ideological opposition to the idea of an offender negotiating their punishment, rather than it being imposed on them by an authority. However, dispute resolution has been introduced into the criminal justice system in Australia, as both an additional and an alternative process to standard criminal justice processes. The main dispute resolution processes in the criminal field are based on the theory of restorative justice, which is discussed in detail later in this chapter.

Item ID: 39254
Item Type: Book Chapter (Research - B1)
ISBN: 978-0-455-232676
Keywords: coaching, conflict, conflict management, conflict resolution, criminal law, dispute resolution, industrial relations, restorative justice, workplace conflict, workplace conflict management
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"There is new chapter on dispute resolution and the criminal law system acknowledging the development of restorative justice programs which have now been established in a number of Australian jurisdictions. Those jurisdictions are experiencing successful outcomes through victim-offender conferencing that often provide the opportunity for the victim of crime to face the offender and seek some closure by better understanding the nature of the offence and its effects." -- Preface.

Date Deposited: 21 Jun 2015 06:47
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180123 Litigation, Adjudication and Dispute Resolution @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified @ 100%
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