Document Type
Article
Publication Date
2010
Keywords
alternative dispute resolution, criminal law, criminal procedure, justice, punishment, sentencing, jurisprudence
Abstract
This Article explores theoretical concerns underlying contemporary appeals to Alternative Dispute Resolution ("ADR") in the criminal justice system. Analyzing literature on free will and responsibility and leading work on transitional justice, I argue that a restorative justice approach to criminal ADR better accommodates the realities of social conditions that correlate with criminality while respecting deeply-held concepts of responsibility. I further argue that this approach provides a useful response to critics, such as Owen Fiss, who argue that ADR privatizes disputes, thereby failing to produce and reinforce essential public norms.
Disciplines
Dispute Resolution and Arbitration
Recommended Citation
34 Vermont Law Review 563 (2010).