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.
Prospects for restorative justice in the juvenile justice system
MASSARO, PIERLUCA
2013-01-01
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.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
