Book Review: Beyond the Courtroom — Programs in Community Justice and Conflict Resolution
| Date | 01 December 1983 |
| Author | Jocelynne A Scutt |
| DOI | 10.1177/000486908301600415 |
| Published date | 01 December 1983 |
| Subject Matter | Book Reviews |
BOOK REVIEWS 279
local level. However, doubtless Stenning's essay will prove of
more
interest to
American
and British readers for whom the parallels should be
more
obvious.
Overall then, this is a useful, though not exciting, collection of essays, with
the
cited exception of the essays by
Turk
and Brodeur. I am inclined to regret
the
lack
of
greater
theoretical diversity amongst the essays, although this is likely
rather
to
be a reflection on
the
state of Canadian police scholarship
than
areflection
upon
the
editor. Finally, Ireferred earlier to
the
significance of
the
fact
that
many
of
the
contributors are sociologists.
There
was a tendency, albeit mild, in some of
the
essays to borrow concepts unproblematically from
the
literature of law
and
politics.
For
example, the use of "legality" was distinguisable in each of the essays by
Turk,
Ericson
and
Brodeur,
without any explanation as to why. Similarly,
Hogan
and
Morden
invoke "democratic norms" in a way which belies
the
fundamental
divergences which exist as to what is
meant
by this term. Whilst understandable,
these lapses may prove annoying to the non-sociologist.
ANDREW
GOLDSMITH
Coventry, England
Beyond
the
Courtroom
-
Programs
in
Community
Justice
and
Conflict
Resolution,
Benedict
S
Alper
and
Lawrence
TNichols, Lexington Books, DC
Heath
and
Co, Lexington, Mass, $A32.
In 1982
every
Australian jurisdiction,
apart
from
the
Australian Capital
Territory
(notoriously slow in
the
passage of constructive legislation), has provision for
community
work
orders
(or "service orders") as an alternative to
imprisonment;
some
jurisdictions
have
introduced
the
measure
not
only to
keep
offenders
out
of gaol as
a
direct
penalty,
but
also as an
indirect
penalty, by providing for
community
work
orders
to
substitute
for fines which
might
not
be paid,
due
to lack of funds on
the
part
of
the
offender. In 1978 a call was
made
in South Australia for
the
introduction
of a
formalized
scheme
of
restitution
where
vandalism was
the
crime; in 1980
the
Australian Law Reform Commission in its major Interim Report on
sentencing
federal
offenders
recommended
that
restitution
programmes
should
be
looked to as a
possible alternative to
imprisonment
where
damage was readily
repayable
by a guilty
accused.
Prior
to
the
Law
Reform Commission's
recommendation,
two proposals for
formalized
restitution
programmes
had
been
put
to
the
annual
Conference
of
Ministers
in
Charge
of Prisons, Probation
and
Parole - in 1979
and
1980.
Such
schemes
have
their
attractions: those adopting
the
"humanitarian"
line
are
able
to
point
to
prison
alternatives as a
means
of dealing
more
humanely
with
offenders, by
enabling
them
to
remain
in
the
community
whilst
being
constructively
punished
for
their
crimes;
those
prone
to
supporting
the
"law
and
order"
philosophy
can
also
applaud
such
measures
on
the
ground
that
the
offender will
be
taught
what
it is like
to
be
deprived
of
material goods, by having to pay back
what
was
stolen
or
damaged,
or working to
redeem
the
value of goods
destroyed
or illegally sold,
the
proceeds
having
been
frittered
away. Beyond the Courtroom -Programs in Community
Justice
and
Conflict Resolution provides
ample
argument
for
both
groups,
covering
as it
does
the
major
developments
in alternatives to
Western
traditional (in
twentieth
century
terms)
methods
of dealing
with
offenders in
the
criminal
justice
system.
In Beyond the Courtroom Alper
and
Nichols
begin
with
an
overview
of
problems
arising in
the
courts
and
in
the
community
as a
result
of
the
growth
of
bureaucratic
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