Read e-book online Compulsory Compassion: A Critique of Restorative Justice PDF
By Annalise Acorn
Restorative justice is frequently touted because the humane and politically revolutionary replacement to the inflexible philosophy of retributive punishment that underpins some of the world's judicial platforms. Emotionally seductive, its rhetoric appeals to a hope for a "right-relation" between participants and groups, an bargains us a imaginative and prescient of justice that enables for the mutual therapeutic of sufferer and criminal, and with it, a feeling of communal fix. In obligatory Compassion, Annalise Acorn, a one-time suggest for restorative justice, deconstructs the rhetoric of the restorative circulate. Drawing from assorted criminal, literary, philosophical, and autobiographical resources, she questions the basic assumptions in the back of that rhetoric: that we will be able to belief wrongdoers' performances of contrition; that therapeutic lies in a deferential, face-to-face come across among sufferer and criminal; and that the restorative suggestion of right-relation holds the most important to a reconciliation of justice and responsibility at the one hand, with love and compassion at the different.
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In boldface caps the editorial said in part: Page 11 THIS IS MURDER. THIS IS NO PARLOR GAME. THIS IS NO TIME TO PERMIT ANYBODYNO MATTER WHO HE ISTO OUTWIT, STALL, FAKE, OR IMPROVISE DEVICES TO KEEP AWAY FROM THE POLICE OR FROM THE QUESTIONING ANYBODY IN HIS RIGHT MIND KNOWS A MURDER SUSPECT SHOULD BE SUBJECTED TOAT A POLICE STATION. That evening Sam Sheppard was arrested and arraigned in the presence of a multitude of newsmen who apparently knew in advance of the arrest. He was held in jail and indicted for murdering his wife by a grand jury on August 17.
All of the newspapers and radio stations apparently interviewed prospective witnesses at will, and in many instances disclosed their testimony. A typical example was the publication of numerous statements by Susan Hayes, before her appearance in court, regarding her love affair with Sheppard. Although the witnesses were barred from the courtroom during the trial the full verbatim testimony was available to them in the press. This completely nullified the judge's imposition of the rule. Thirdly, the court should have made some effort to control the release of leads, information, and gossip to the press by police officers, witnesses, and the counsel for both sides.
The story went on to announce: "the prosecution has a Page 14 'bombshell witness' on tap who will testify to Dr. " Defense counsel made motions for a change of venue, continuance and mistrial, but they were denied. No action was taken by the court. (3) When the trial was in its seventh week, Walter Winchell broadcast over WXEL television and WJW radio that Carole Beasley, who was under arrest in New York City for robbery, had stated that, as Sheppard's mistress, she had borne him a child. The defense asked that the jury be queried on the broadcast.
Compulsory Compassion: A Critique of Restorative Justice (Law & Society) by Annalise Acorn