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Monday, January 07, 2013

Restorative justice and murder

This story from yesterday's New York Times Magazine tells the story of a domestic violence murder in Dan's neck of the woods in Tallahassee and the efforts of the families of the victim to use restorative justice processes in determining his sentence. At some level, this seems like an ordinary example of the family of the victim forgiving the perpetrator; on another, there were some unique procedures brought to bear.

I would like to hear what people (including Dan, who has gotten to watch this up close) think about this as a genuine example of potential alternative processes in criminal law.

Posted by Howard Wasserman on January 7, 2013 at 07:25 AM in Howard Wasserman, Law and Politics | Permalink


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I just got around to reading this powerful story, which I think artfully lays out the issues. I have criticized restorative justice elsewhere on a couple occasions. This particular story is subject to the same concerns identified in those critiques but, for the same reason that Les Mis is so wonderfully complicated, I cannot say there is no basis for thinking that this is initially seductive.

Posted by: Dan Markel | Jan 8, 2013 11:27:35 PM

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