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Summary

Bowen, Helen (2004). Reluctance to restore - the lawyer's role in the New Zealand restorative process Paper presented at "New Frontiers in Restorative Justice: Advancing Theory and Practice", Centre for Justice and Peace Development, Massey University at Albany, New Zealand, 2-5 December.

Much of what lawyers and judges do has an impact on the psychological well-being or emotional life of persons affected by the criminal justice system. A lawyer can be a prime initiator of a restorative process. The lawyer can map out the range of alternatives which involve a trial or a restorative process where there can be acceptance of responsibility. The lawyer can advise on the weaknesses or strengths of the prosecution case and the trial risk for the offender. Where the lawyer advises a poor prognosis, the prospect of a guilty plea and therefore, a restorative process, arises. In advising an offender about restorative justice, it follows that the lawyer can have the confidence that the Judge will use restorative values at sentence. This is not always the case. Without further education of Judges and lawyers about the restorative option, opportunities for restorative justice are not explored. Abstract courtesy of the Centre for Justice and Peace Development, Massey University, http://justpeace.massey.ac.nz.