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Restorative Justice (restorative + justice)
Selected AbstractsPUNITIVE JUSTICE AND RESTORATIVE JUSTICE AS SOCIAL RECONCILIATIONTHE HEYTHROP JOURNAL, Issue 3 2008ZENON SZABLOWINSKI The notion of justice is broad and complex. When we pursue justice too harshly after a conflict, we create new injustice and more victims; when we do not, the offenders usually keep hurting others and the violence is prolonged. As a matter of fact, only a few perpetrators can be punished. On the other hand, does punishment of the offender alone heal the victim or restore peace and harmony in society? Moreover, when the victim forgives, should the society still punish the offender? What role do truth recovery, state tribute (paid to the victims) and monetary compensation play in finding the balance between punitive justice and restorative justice? This paper takes up these issues of justice and, while discussing certain aspects of the relationship between punitive justice and restorative justice in some processes of social (national) reconciliation, tries to present some answers. [source] Taking the Sincerity Out of Saying Sorry: Restorative Justice as RitualJOURNAL OF APPLIED PHILOSOPHY, Issue 2 2006CHRISTOPHER BENNETT abstract In this paper I take seriously von Hirsch's view that sanctions imposed on offenders need to be compatible with their dignity, and argue that some versions of restorative justice , notably that defended by Braithwaite , can put offenders in the humiliating position of having to make apologies that they do not believe in in order to avoid further bad consequences. Drawing on recent work by Duff I argue that this problem can be avoided by conceiving of restorative justice as an apologetic ritual. This view gives some ground to von Hirsch but presents a view of criminal justice that is distinctively restorative. I conclude by drawing out the differences between my account and that of Duff. [source] Dimensions of Restorative JusticeJOURNAL OF SOCIAL ISSUES, Issue 2 2006Declan Roche Restorative justice proponents tend to focus their attention on criminal justice initiatives in a small number of developed countries, but restorative processes (which encourage citizens to negotiate among themselves, rather than rely on professionals to adjudicate), and restorative values (which emphasize the importance of repairing and preventing harm), can be found across a wide range of regulatory fields. Teachers, social workers, corporate regulators, civil mediators, members of truth commissions, diplomats, and peacekeepers all,at least some of the time,practice a variety of restorative justice. Consideration of these often-neglected examples can help refine current restorative justice theory and practice, which in turn has insights to offer practitioners and researchers in these fields. [source] Youth Justice in New Zealand: Restorative Justice in Practice?JOURNAL OF SOCIAL ISSUES, Issue 2 2006Gabrielle Maxwell The Children, Young Persons, and Their Families Act 1989 put in place new objects, principles, and procedures for youth justice in New Zealand. Both the philosophy underpinning this system and the use of family group conferences exemplify a restorative justice approach that has now been adopted in many other countries. This article describes these changes and presents some of the results of recently published research that examines the extent to which young offenders have been diverted from courts and custody, held accountable for their actions, and had their wellbeing enhanced. It suggests that the New Zealand youth justice system has achieved many but not all of its goals, and that there are still aspects where improvement is possible. [source] The Value of Community Participation in Restorative JusticeJOURNAL OF SOCIAL PHILOSOPHY, Issue 1 2004Albert W. Dzur First page of article [source] Behind the Walls and Beyond: Restorative Justice, Instrumental Communities, and Effective Residential TreatmentJUVENILE AND FAMILY COURT JOURNAL, Issue 1 2005GORDON BAZEMORE ABSTRACT Although restorative justice principles and practice have been applied extensively in community-based juvenile justice settings, implementation in residential treatment facilities has been far less common. We describe recent experimentation and possibilities for broader application to disciplinary infractions, the response to harm and crime, promoting community and citizen input, "community building" for conflict resolution skill development and changing the culture of facilities, and reentry. We conceptualize three "communities" as most relevant to addressing needs of incarcerated youths, their victims, and support groups, and then discuss theoretical frameworks and empirical research supportive of restorative practice in this context. Challenges to implementation of restorative practice, compatibility with other treatment and disciplinary agendas, and concerns about preserving the integrity of the model are also considered. [source] Criminal Punishment and Restorative Justice: Past, Present and Future Perspectives by D.J. Cornwell and Doing Justice Better: The Politics of Restorative Justice by D.J. CornwellTHE HOWARD JOURNAL OF CRIMINAL JUSTICE, Issue 4 2008MARTIN WRIGHT No abstract is available for this article. [source] New Directions in Restorative Justice: Issues, Practice, Evaluation by E. Elliott and R.M. Gordon (Eds.)THE HOWARD JOURNAL OF CRIMINAL JUSTICE, Issue 1 2007JO O'MAHONEY No abstract is available for this article. [source] Restorative Justice , Is More Better?THE HOWARD JOURNAL OF CRIMINAL JUSTICE, Issue 5 2004The Experience of Police-led Restorative Cautioning Pilots in Northern Ireland This article describes how two police-led restorative cautioning pilots for juveniles operated in Northern Ireland. The pilots were found to offer a number of distinct advantages over the traditional cautioning practice and helped secure some of the values of restorative justice. However, they were not without fault and the research found evidence of ,net-widening', whereby some offenders appeared to have been drawn into the schemes unnecessarily. It was also evident that the schemes required significant resources in order to involve participants (particularly victims) and to operate effectively. In light of the government's intention to greatly expand restorative practice in Northern Ireland generally, this article argues for the need to do so with care, if the quality of restorative justice is not to be compromised. [source] Restorative Justice in Business Regulation?THE MODERN LAW REVIEW, Issue 2 2004Consumer Commission's Use of Enforceable Undertakings, The Australian Competition Enforceable undertakings are now used extensively by both the Australian Competition and Consumer Commission (ACCC) and other Australian regulators to formalise decisions to forego enforcement litigation on the basis that offenders will correct their misconduct and comply in the future. A ,fairness' critique warns that regulators might exert undue pressure in negotiating enforceable undertakings and that the terms agreed might be inappropriately broad and not legally authorised. A ,bias' critique argues that enforceable undertakings favour business above the public interest in taking tough court action against business offences. The article draws on empirical research into the ACCC's use of enforceable undertakings to show how they are used in practice, and argues that, if appropriately implemented, enforceable undertakings can be a valuable ,restorative justice' alternative to traditional regulatory enforcement action, simultaneously addressing both fairness and bias concerns. [source] From moral theory to penal attitudes and back: a theoretically integrated modeling approach,BEHAVIORAL SCIENCES & THE LAW, Issue 4 2002Jan W. de Keijser Ph.D. From a moral standpoint, we would expect the practice of punishment to reflect a solid and commonly shared legitimizing framework. Several moral legal theories explicitly aim to provide such frameworks. Based on the theories of Retributivism, Utilitarianism, and Restorative Justice, this article first sets out to develop a theoretically integrated model of penal attitudes and then explores the extent to which Dutch judges' attitudes to punishment fit the model. Results indicate that penal attitudes can be measured in a meaningful way that is consistent with an integrated approach to moral theory. The general structure of penal attitudes among Dutch judges suggests a streamlined and pragmatic approach to legal punishment that is identifiably founded on the separate concepts central to moral theories of punishment. While Restorative Justice is frequently presented as an alternative paradigm, results show it to be smoothly incorporated within the streamlined approach. Copyright © 2002 John Wiley & Sons, Ltd. [source] Taking the Sincerity Out of Saying Sorry: Restorative Justice as RitualJOURNAL OF APPLIED PHILOSOPHY, Issue 2 2006CHRISTOPHER BENNETT abstract In this paper I take seriously von Hirsch's view that sanctions imposed on offenders need to be compatible with their dignity, and argue that some versions of restorative justice , notably that defended by Braithwaite , can put offenders in the humiliating position of having to make apologies that they do not believe in in order to avoid further bad consequences. Drawing on recent work by Duff I argue that this problem can be avoided by conceiving of restorative justice as an apologetic ritual. This view gives some ground to von Hirsch but presents a view of criminal justice that is distinctively restorative. I conclude by drawing out the differences between my account and that of Duff. [source] Punitive Reactions to Completed Crimes Versus Accidentally Uncompleted Crimes,JOURNAL OF APPLIED SOCIAL PSYCHOLOGY, Issue 4 2005Margit E. Oswald Previous studies have shown that the harm caused by crime affects punitive reactions even if differences in the degree of harm are merely accidental. However, it remains unclear whether the effect is direct or whether it is mediated by attributed responsibility or blame. Participants were 303 university students who listened to 4 case vignettes (between-subjects design). Half received information about a completed crime and half about an accidentally uncompleted crime. Crime type was either fraud or rape. The results suggest that individuals consider the actual harm to a significantly greater extent than attribution theory would predict. Moreover, the link between harm and punishment was virtually not mediated by attributed blame and not moderated by individual differences in morality. Future studies should investigate whether the harm-punishment link is a result of an automatic act of retaliation or a desire to compensate for the harm done to the victim (restorative justice). [source] Conferencing in schools: punishment, restorative justice, and the productive importance of the process of conversation,JOURNAL OF COMMUNITY & APPLIED SOCIAL PSYCHOLOGY, Issue 5 2004Wendy Drewery Abstract During the decade to 1999 in New Zealand, schools experienced more than doubling of the rates of suspension and exclusion. The higher suspension rates of Maori, males and in low decile schools were of particular concern. The Ministry of Education enacted a variety of responses to this situation, including encouraging the use of restorative conferencing in schools. This article builds on learning from the Restorative Conferencing in Schools Trial and shows how the process of a conversation can be productive of more and less peaceable relationships. It is argued that school communities are uniquely placed in civic life, and that it is worthwhile considering restorative conferencing and restorative practices more generally in relation to their behaviour management and disciplinary functions. Restorative practices are advanced from a social constructionist position, which is a very different philosophy from the philosophy of punishment and judgement that dominates in many schools. Copyright © 2004 John Wiley & Sons, Ltd. [source] Dimensions of Restorative JusticeJOURNAL OF SOCIAL ISSUES, Issue 2 2006Declan Roche Restorative justice proponents tend to focus their attention on criminal justice initiatives in a small number of developed countries, but restorative processes (which encourage citizens to negotiate among themselves, rather than rely on professionals to adjudicate), and restorative values (which emphasize the importance of repairing and preventing harm), can be found across a wide range of regulatory fields. Teachers, social workers, corporate regulators, civil mediators, members of truth commissions, diplomats, and peacekeepers all,at least some of the time,practice a variety of restorative justice. Consideration of these often-neglected examples can help refine current restorative justice theory and practice, which in turn has insights to offer practitioners and researchers in these fields. [source] The impact of criminal justice involvement on victims' mental healthJOURNAL OF TRAUMATIC STRESS, Issue 2 2010Jim Parsons The aftermath of violent crime can leave victims with persistent emotional and mental health problems. Although research has shown the potential benefits of prosecuting cases through the courts, there is also a substantial literature that suggests that common features of the criminal justice system can exacerbate the impact of the initial crime, leading to a secondary victimization. The authors present a review of the research on the positive and negative impact of criminal justice involvement, and common points of failure in the efforts of justice institutions to meet the needs of victims. They conclude with recommendations for future work, including the need for research on restorative justice, victim impact statements, court notification systems, victim services, and victim advocates. [source] The Court's Role in Promoting Comprehensive Justice for Pregnant Drug and Alcohol UsersJUVENILE AND FAMILY COURT JOURNAL, Issue 3 2008Tourine Johnstone ABSTRACT Drug use during pregnancy is an important social and medical issue. Legislatures and courts have offered a variety of responses, ranging from imprisonment to comprehensive service programs that are rehabilitative in nature. This article discusses the prevalence and effects of prenatal drug use, followed by a presentation of the scope of legal responses and treatment options. Some courts do not provide outreach services for drug-offending mothers, while others may offer a limited range of services. In contrast, a comprehensive justice approach would provide a wide range of health, employment, and social programs for the offender. This approach is based on philosophies of restorative justice, therapeutic jurisprudence, and procedural justice. Such a theory-based comprehensive justice program ultimately benefits mothers, children, and the community. Considerations are offered for judges who seek to implement a comprehensive justice approach to address this important problem. [source] Participants' Attitudes in the Utah Juvenile Victim-Offender Mediation ProgramJUVENILE AND FAMILY COURT JOURNAL, Issue 1 2002BARTON POULSON PH.D. ABSTRACT This paper describes an archival evaluation of the Juvenile Court Victim-Offender Mediation Program (VOMP) of the Utah State Courts in Salt Lake City. From 1997 to 2000, 147 victims and 330 offenders reported their attitudes towards their experiences in VOMP. Although victims were more satisfied than offenders for some outcomes, all participants reported exceptionally high satisfaction. These promising results are consistent with other published studies on the effectiveness of VOMP and other forms of restorative justice in demonstrating the promise of mediation in criminal justice. [source] Reintegrative Shaming, Procedural Justice, and Recidivism: The Engagement of Offenders' Psychological Mechanisms in the Canberra RISE Drinking-and-Driving ExperimentLAW & SOCIETY REVIEW, Issue 3 2007Tom R. Tyler Advocates of restorative justice (RJ) hypothesize that the diversion of criminal cases to RJ conferences should be more effective in lowering the rate of reoffending than traditional prosecution in court processing because the conferences more effectively engage the psychological mechanisms of reintegrative shaming and procedural justice. This study uses longitudinal data from the drinking-and-driving study in the Australian Reintegrative Shaming Experiments (RISE) to evaluate the long-term impact of reintegrative shaming and procedural justice on support for the law and on later recidivism as assessed through the use of police records and by self-report. Analysis first suggests that there is no direct effect of experimental condition on later recidivism. However, it further suggests that both traditional court-based prosecution and RJ conferences increase support for the law and lower the rate of future reoffending when they engage the social psychological mechanisms of reintegrative shaming and procedural justice and thereby increase the legitimacy of the law. Hence, the results argue for the potential value of procedures such as the RJ conference but indicate that those procedures will only achieve their objectives if they are effectively designed and implemented. [source] PUNITIVE JUSTICE AND RESTORATIVE JUSTICE AS SOCIAL RECONCILIATIONTHE HEYTHROP JOURNAL, Issue 3 2008ZENON SZABLOWINSKI The notion of justice is broad and complex. When we pursue justice too harshly after a conflict, we create new injustice and more victims; when we do not, the offenders usually keep hurting others and the violence is prolonged. As a matter of fact, only a few perpetrators can be punished. On the other hand, does punishment of the offender alone heal the victim or restore peace and harmony in society? Moreover, when the victim forgives, should the society still punish the offender? What role do truth recovery, state tribute (paid to the victims) and monetary compensation play in finding the balance between punitive justice and restorative justice? This paper takes up these issues of justice and, while discussing certain aspects of the relationship between punitive justice and restorative justice in some processes of social (national) reconciliation, tries to present some answers. [source] Restorative Justice , Is More Better?THE HOWARD JOURNAL OF CRIMINAL JUSTICE, Issue 5 2004The Experience of Police-led Restorative Cautioning Pilots in Northern Ireland This article describes how two police-led restorative cautioning pilots for juveniles operated in Northern Ireland. The pilots were found to offer a number of distinct advantages over the traditional cautioning practice and helped secure some of the values of restorative justice. However, they were not without fault and the research found evidence of ,net-widening', whereby some offenders appeared to have been drawn into the schemes unnecessarily. It was also evident that the schemes required significant resources in order to involve participants (particularly victims) and to operate effectively. In light of the government's intention to greatly expand restorative practice in Northern Ireland generally, this article argues for the need to do so with care, if the quality of restorative justice is not to be compromised. [source] | ||||||||||||||||