Restorative Justice and Wrongful Convictions

Cathleen Burnett, University of Missouri - Kansas City

ABSTRACT
To date, little scholarly attention has been given to the problems associated with restoring or compensating those persons who have been wrongfully convicted of serious crimes. The few explorations that have been done focus on the legal system as the most appropriate remedy for a wrongful conviction. Such research is situated in the traditional retributive justice sytstem and ignores the unintended consequences of judicial remedies and create barriers to adequately restore individuals to society. This paper reviews the strategies currently available to compensate the wrongfully convicted and uses the Restorative Justice framework to propose an alternative approach that is extra-judicial, grounded in the executive branch.

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Updated 05/20/2006