Search result: 36 articles

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Article

Exploring the growth and development of restorative justice in Bangladesh

Journal The International Journal of Restorative Justice, Issue 2 2021
Keywords restorative justice, Bangladesh, salish, village courts, INGOs
Authors Muhammad Asadullah and Brenda Morrison
AbstractAuthor's information

    Although restorative justice is a new concept in Bangladesh (BD), resolving wrongdoing outside the criminal justice system is not a new practice. Community-based mediation, known as salish, has been practised for centuries – withstanding colonisation, adaptation and distortion. Other practices, such as village courts and customary justice, are also prevalent in Bangladesh. Of these, village courts are currently the most widely practised in Bangladesh. Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ Bangladesh) formally introduced restorative justice in 2013 with the support of international non-governmental organisations (INGOs), NGOs, academics and government agencies. Most of the literature on community-based justice practice focuses on village courts; academic, peer-reviewed research on restorative justice in Bangladesh is scarce. This qualitative study explores the growth and development of restorative justice in Bangladesh. Using in-depth qualitative interviews and survey, the study retraces the genesis of restorative justice in Bangladesh. In recent times, GIZ Bangladesh has been key to the development of restorative justice, which was further expanded by UNDP’s Activating Village Courts project, as well as a graduate course on restorative justice at the University of Dhaka. This study also finds contentious themes raised by the key informants, specifically the role of INGOs, government and community.


Muhammad Asadullah
Muhammad Asadullah is Assistant Professor at the Department of Justice Studies, University of Regina, Canada.

Brenda Morrison
Brenda Morrison is Associate Professor at the School of Criminology, Simon Fraser University, Canada. Contact author: Muhammad.Asadullah@uregina.ca.
Article

Risk, restorative justice and the Crown

a study of the prosecutor and institutionalisation in Canada

Journal The International Journal of Restorative Justice, Issue 2 2021
Keywords restorative justice, institutionalisation, risk, prosecutor, Canada
Authors Brendyn Johnson
AbstractAuthor's information

    In Canada, restorative justice programmes have long been institutionalised in the criminal justice system. In Ontario, specifically, their use in criminal prosecutions is subject to the approval of Crown attorneys (prosecutors) who are motivated in part by risk logics and risk management. Such reliance on state support has been criticised for the ways in which it might subvert the goals of restorative justice. However, neither the functioning of these programmes nor those who refer cases to them have been subject to much empirical study in Canada. Thus, this study asks whether Crown attorneys’ concerns for risk and its management impact their decision to refer cases to restorative justice programmes and with what consequences. Through in-depth interviews with prosecutors in Ontario, I demonstrate how they predicate the use of restorative justice on its ability to reduce the risk of recidivism to the detriment of victims’ needs. The findings suggest that restorative justice becomes a tool for risk management when prosecutors are responsible for case referrals. They also suggest that Crown attorneys bear some responsibility for the dangers of institutionalisation. This work thus contributes to a greater understanding of the functioning of institutionalised restorative justice in Canada.


Brendyn Johnson
Brendyn Johnson is a PhD candidate at the School of Criminology at the University of Montreal, Canada. Contact author: brendyn.johnson@umontreal.ca. Acknowledgement: This research is supported in part by funding from the Social Sciences and Humanities Research Council of Canada. I am grateful for the support of Véronique Strimelle and Françoise Vanhamme for their guidance in the conducting of this research as well as Marianne Quirouette for her thoughtful comments in the writing of this article.
Article

Restorative justice in schools: examining participant satisfaction and its correlates

Journal The International Journal of Restorative Justice, Issue Online First 2021
Keywords restorative justice, school-to-prison-pipeline, satisfaction
Authors Ph.D. John Patrick Walsh, Jaclyn Cwick, Patrick Gerkin e.a.
AbstractAuthor's information

    Schools in the United States are implementing restorative justice practices that embrace student responsibility and reintegration to replace the zero-tolerance exclusionary policies popularised in the 1980s and 1990s. However, little is known about what factors are related to these and other restorative outcomes. The present study utilises 2017-2018 survey data (n = 1,313) across five West Michigan schools to determine how participant and restorative circle characteristics contribute to participant satisfaction within ordinary least squares (OLS) regression models. Findings show that several characteristics of restorative circles, including the number of participants, time spent in the restorative circle, number of times respondents have participated in a circle, and whether an agreement was reached, are significantly related to participant satisfaction. In addition, gender and participant role interact to have a significant effect on satisfaction. And models disaggregated by incident type indicate that the interaction between race and participant role has a significant effect on satisfaction, but only among restorative circles involving friendship issues. Suggestions for future research, as well as strategies aimed at improving participant satisfaction within restorative circles, are discussed.


Ph.D. John Patrick Walsh
Dr. John P. Walsh is professor at the School of Criminology, Criminal Justice, and Legal Studies of the Grand Valley State University in Allendale, United States. Contact author: walshj@gvsu.edu.

Jaclyn Cwick
Dr. Jaclyn Cwick is assistant professor at the School of Criminology, Criminal Justice, and Legal Studies of the Grand Valley State University in Allendale, United States.

Patrick Gerkin
Patrick Gerkin, PhD, is professor at the School of Criminology, Criminal Justice, and Legal Studies of the Grand Valley State University in Allendale, United States.

Joshua Sheffer
Joshua Sheffer is assistant professor at the School of Criminology, Criminal Justice, and Legal Studies of the Grand Valley State University in Allendale, United States.

Brunilda Pali
Brunilda Pali is a Senior Researcher at the Leuven Institute of Criminology, KU Leuven, Belgium, and a Lecturer at the Department of Political Sciences, University of Amsterdam, the Netherlands.

Ivo Aertsen
Ivo Aertsen is Emeritus Professor of Criminology, Leuven Institute of Criminology, KU Leuven, Belgium. Contact author: Brunilda.pali@kuleuven.be.

Rick Kelly
Rick Kelly is the Director of Just Us: A Centre for Restorative Practices, Tottenham, Ontario, Canada. Contact author: kellyrick95@gmail.com.

    The Supreme Court has allowed an appeal by one of the UK’s major supermarket chains, overturning a finding that it was vicariously liable for a rogue employee’s deliberate disclosure of payroll data related to some 100,000 co-workers, of whom 10,000 brought a group claim for damages.


Richard Lister
Richard Lister is a Managing Practice Development Lawyer at Lewis Silkin LLP.
Article

Artificial Intelligence in the Courtroom

Increasing or Decreasing Access to Justice?

Journal International Journal of Online Dispute Resolution, Issue 1 2020
Keywords artificial intelligence, robojudge, separation of powers, algorithm, due proces
Authors Analisa Morrison
AbstractAuthor's information

    Jurisdictions around the world are experimenting with the use of artificially intelligent systems to help them adjudicate cases. With heavily overloaded dockets and cases that go on for years, many courts in the U.S. are eager to follow suit. However, American authorities should be slow to substitute human judges with automated entities. The uniqueness of the U.S. Constitution has demands that artificially intelligent “judges” may not be able to meet, starting with a machine’s lack of what may be called “true intelligence”. Philosopher John Searle wrote about the distinction between true intelligence and artificial intelligence in his famous “Chinese Room” analogy, which is applicable to the discussion of artificial intelligence in the courtroom. Former Navy Reserves officer, robotics engineer, and current patent lawyer Bob Lambrechts analyzed the idea of robots in court in his article, May It Please the Algorithm. Other scholars have started to explore it, too, but the idea of robots as judges remains a vast legal frontier that ought to be excavated thoroughly before it is inhabited by the American legal system.


Analisa Morrison
Juris Doctor Candidate, 2021, University of the Pacific, McGeorge School of Law
Article

Access_open African Union and the Politics of Selective Prosecutions at the International Criminal Court

Journal African Journal of International Criminal Justice, Issue 1 2020
Keywords African Union (AU), United Nations Security Council (UNSC), International Criminal Court (ICC), immunity, impunity
Authors Fabrice Tambe Endoh
AbstractAuthor's information

    The African Union (AU) claims that the International Criminal Court (ICC) is selective against African leaders. The issue therefore arises concerning the validity of the allegations of selectivity. Partly because of such concerns, African Heads of States adopted the Malabo Protocol during their annual summit held in June 2014. Article 46A bis of the Protocol provides immunity for sitting Heads of States. This provision contradicts Article 27 of the Rome Statute and, consequently, arguably reverses the progress made so far in international criminal law by giving priority to immunity in the face of impunity. This article considers the validity of some of the allegations of selective application of criminal sanctions by the ICC and the likely consequence of the Malabo Protocol for regional and international criminal justice. The article argues that the Malabo Protocol should not be ratified by African states until the shield of immunity granted to sitting Heads of States is lifted to better advance the interests of justice for the victims of international crimes in Africa. In addition, the complementarity clause stated in the Malabo Protocol should have a nexus with the ICC such that the Court would be allowed to prosecute the perpetrators of international crimes in circumstances where the African Court of Justice and Human Rights (ACJHR) prove reluctant to do so.


Fabrice Tambe Endoh
Dr. Fabrice Tambe Endoh holds a PhD in International Criminal Law from the North-West University, South-Africa.

Susan Sharpe
Susan Sharpe is an adviser on restorative justice, University of Notre Dame, South Bend, Indiana, USA.

Susan L. Brooks
Susan Brooks is an Associate Dean and Professor of Law, Drexel University Kline School of Law, Philadelphia, USA.
Article

Listening deeply to public perceptions of Restorative Justice

What can researchers and practitioners learn?

Journal The International Journal of Restorative Justice, Issue 2 2019
Keywords Public perception, media, apophatic listening, online comments, understandings of restorative justice
Authors Dorothy Vaandering and Kristin Reimer
AbstractAuthor's information

    This article explores public perceptions of restorative justice through the examination of media articles and negative online reader comments surrounding a high-profile incident in a Canadian university in which a restorative process was successfully engaged. Utilising relational discourse analysis, we identify how restorative justice is presented in the media and how that presentation is taken up by the public. Media representations of restorative justice create understandings among the public that are profoundly different from how many restorative justice advocates perceive it. The aim of this article is to examine media representations of restorative justice and how these are received by the public so that we can respond constructively.


Dorothy Vaandering
Dorothy Vaandering, Ph.D., is an Associate Professor at the Faculty of Education, Memorial University of Newfoundland, St. John’s, Canada.

Kristin Reimer
Kristin Reimer, Ph.D., is a lecturer in Restorative Justice and Relational Pedagogies at the Faculty of Education, Monash University, Melbourne, Australia.
Article

Looking beneath the iceberg: can shame and pride be handled restoratively in cases of workplace bullying

Journal The International Journal of Restorative Justice, Issue 2 2019
Keywords Bullying, victimisation, shame management, pride management, social connectedness
Authors Valerie Braithwaite and Eliza Ahmed
AbstractAuthor's information

    Central to restorative justice interventions that follow revised reintegrative shaming theory (Ahmed, Harris, Braithwaite & Braithwaite, 2001) is individual capacity to manage shame and pride in safe and supportive spaces. From a random sample of 1,967 Australians who responded to a national crime survey, 1,045 completed a module about bullying experiences at work over the past year, along with measures of shame and pride management (the MOSS-SASD and MOPS scales). Those who identified themselves as having bullied others were pride-focused, not shame-focused. They were more likely to express narcissistic pride over their work success, lauding their feats over others, and were less likely to express humble pride, sharing their success with others. In contrast, victims were defined by acknowledged and displaced shame over work task failures. In addition to these personal impediments to social reintegration, those who bullied and those targeted had low trust in others, particularly professionals. While these findings do not challenge macro interventions for culture change through more respectful and restorative practices, they provide a basis for setting boundaries for the appropriate use of restorative justice meetings to address particular workplace bullying complaints.


Valerie Braithwaite
Valerie Braithwaite is a Professor at the Regulatory Institutions Network, Australian National University, Canberra, Australia.

Eliza Ahmed
Eliza Ahmed is a visiting fellow at the Regulatory Institutions Network, Australian National University, Canberra, Australia.

    The German Federal Labour Court (Bundesarbeitsgericht, the ‘BAG’) has held that pre-employment as a freelancer must be taken into account in relation to the number of years having been with a firm as a freelancer when assessing the legality of a fixed-term contract due to the character of the specific deployment.


Sean Illing
Sean Illing is an Associate Solicitor at Lewis Silkin LLP.
Article

Teaching restorative practices through games: an experiential and relational restorative pedagogy

Journal The International Journal of Restorative Justice, Issue 1 2019
Keywords restorative pedagogy, games, teaching, experiential learning
Authors Lindsey Pointer and Kathleen McGoey
AbstractAuthor's information

    This article argues for the use of games as an effective and dynamic way to teach restorative practices. Grounded in an understanding of restorative pedagogy, a paradigm of teaching in alignment with restorative values and principles, as well as experiential learning strategies, this article introduces games as a way for students to experience and more deeply understand restorative practices while building relationships and skills. Personal accounts of the authors about the impact of using games to teach restorative practices in their own communities are also included.


Lindsey Pointer
Lindsey Pointer is a PhD Candidate at Victoria University of Wellington and Creative Director of Aspen Restorative Consulting in Wellington, New Zealand.

Kathleen McGoey
Kathleen McGoey is the Executive Director of Longmont Community Justice Partnership, Longmont, USA.
Article

Exploring the intertwining between human rights and restorative justice in private cross-border disputes

Journal The International Journal of Restorative Justice, Issue 1 2019
Keywords International human rights, private actors, horizontal effect, restorative justice
Authors Marta Sá Rebelo
AbstractAuthor's information

    International human rights instruments operate on the assumption that states are the focal human rights duty bearers. However, private actors can harm human rights as well. Moreover, since mechanisms at a supranational level are lacking, these instruments rely primarily on states for their enforcement. Yet states’ internal rules and courts are meant to address infringements that are confined within their borders, and are therefore often structurally unable to deal with violations having transnational impact. Restorative justice has proven to respond in depth to different kinds of wrongdoing and, although addressing the peculiarities of each case, restorative procedures can systemically prevent deviant behaviour as well. Additionally, as restorative justice relies on voluntary participation it need not operate in a specific territory. Having this broader picture in mind, the article explores whether restorative justice might be adequate for dealing with human rights infringements perpetrated by private actors that have cross-border impact.


Marta Sá Rebelo
Marta Sá Rebelo is a PhD researcher at Católica Global School of Law and a teaching assistant at Católica Lisbon School of Law, Universidade Católica Portuguesa, Lisbon, Portugal.
Article

The personal is political: the restorative dialectic of child inclusion

Journal The International Journal of Restorative Justice, Issue 3 2018
Keywords Child participation, feminist analysis, intersectionality, family group conferencing, child sexual abuse
Authors Joan Pennell
AbstractAuthor's information

    The dialectic of the ‘personal is political’ is starkly evident in the lives of abused and neglected children and their families involved with child protection services. State intervention into families renders private matters into public issues. Restorative approaches in the child protection context offer a vital test of their efficacy in reshaping family and family-state relationships. Drawing upon the author’s experience as a young feminist and child protection worker, this article identifies three dynamics of the restorative dialectic: children’s testimony, women’s responsibilisation and child validation. A case study of a sexually abused teen demonstrates how the restorative process of family group conferencing transforms these dynamics. Children’s testimony of giving evidence in court becomes speaking for/speaking with; women blaming becomes collective responsibilisation; and child protectionism becomes validation of children and their cultural heritage. Together these movements uphold a relational approach to restorative justice that nudges norms toward greater equity.


Joan Pennell
Joan Pennell is Professor Emerita with the Center for Family and Community Engagement, North Carolina State University, Raleigh, USA. Contact author: jpennell@ncsu.edu. Funding: The Newfoundland & Labrador implementation research was supported by Health Canada [formerly Health & Welfare], Family Violence Prevention Division; Justice Canada, Discretionary Funds Section; Solicitor General of Canada; and Labrador Inuit Health Commission. The North Carolina work was supported by the North Carolina Department of Health and Human Services, Division of Social Services. Disclosure Statement: There are no financial conflicts of interest. Geolocation: The family group conference example is from Newfoundland and Labrador, Canada.
Article

Keeping complexity alive: restorative and responsive approaches to culture change

Journal The International Journal of Restorative Justice, Issue 3 2018
Keywords Restorative justice, responsive regulation, relational governance, complexity
Authors Gale Burford
AbstractAuthor's information

    The human services are fraught with history of failure related to grasping oversimplified, across-the-board solutions that are expected to work in all situations for all groups of people. This article reviews some of the long-standing and current challenges for governance of programmes in maintaining cultures that safeguard restorative and responsive standards, principles and values, thereby amplifying and enhancing their centrality to relational engagement within families, groups, communities and organisations. Despite their potential for helping groups of people grapple with the complex dynamics that impact their lives, restorative justice approaches are seen as no less vulnerable to being whittled down to technical routines through practitioner and sponsor colonisation than other practices. This article explores some of the ways culture can work to erode and support the achievement of restorative standards, and why restorative justice and regulation that is responsive to the ongoing experiences of affected persons offers unique paths forward for achieving justice. Included in this exploration are the ways that moral panic and top-down, command-and-control management narrow relational approaches to tackling complex problems and protect interests that reproduce social and economic inequality.


Gale Burford
Gale Burford is Emeritus Professor of Social Work, University of Vermont, Burlington, USA. Contact author: gburford@uvm.edu. Disclosure statement: There are no financial conflicts of interest.

Jennifer J. Llewellyn
Jennifer J. Llewellyn is the Yogis and Keddy Chair in Human Rights Law and Professor of Law at the Schulich School of Law, Dalhousie University, Halifax, Canada.

Brenda Morrison
Brenda Morrison is Associate Professor of Criminology and Director of the Centre for Restorative Justice, Simon Fraser University, Burnaby, Canada. Contact author: jennifer.llewellyn@dal.ca. Disclosure Statement: There are no financial conflicts of interest. The authors would like to thank Krystal Glowatski, PhD candidate and research assistant, for proofreading and helping with referencing many of the papers in this Special Issue.
Article

The Architecture of American Rights Protections

Texts, Concepts and Institutions

Journal European Journal of Law Reform, Issue 2-3 2018
Keywords American constitutional development, American legal history, Architecture, Bill of Rights, Congress, constitutional interpretation, constitutionalism, discrimination, due process, equal protection, equality, institutions, statutes, U.S. Constitution, 14th Amendment
Authors Howard Schweber
AbstractAuthor's information

    This article examines the architecture of American rights protections. The term ‘architecture’ is used to convey the sense of a structure system with points of entry, channels of proceeding, and different end points. This structural understanding is applied to the historical development of national rights protections in the United States in three senses: textual, conceptual and institutional. The development of these three structured systems – architectures – of rights reveals dimensions of the strengths, limitations and distinctive character of the American rights protections in theory and in practice.


Howard Schweber
Professor of Political Science and affiliate faculty member of the Law School, Legal Studies, and Integrated Liberal Studies at University of Wisconsin-Madison. This volume (The EU Bill of Rights’ Diagonal Application to Member States. Ed. Csongor István Nagy) was published as part of the research project of the HAS-Szeged Federal Markets ‘Momentum’ Research Group.
Editorial

The EU Bill of Rights’ Diagonal Application to Member States

Comparative Perspectives of Europe’s Human Rights Deficit

Journal European Journal of Law Reform, Issue 2-3 2018
Authors Csongor István Nagy
Author's information

Csongor István Nagy
Professor of law and head of the Department of Private International Law at the University of Szeged, research chair and the head of the Federal Markets ‘Momentum’ Research Group of the Hungarian Academy of Sciences and an attorney-at-law admitted to the Budapest Bar. He serves as a recurrent visiting Professor at the Central European University (Budapest/New York), the Riga Graduate School of Law (Latvia) and the Sapientia University of Transylvania (Romania). This volume (The EU Bill of Rights’ Diagonal Application to Member States. Ed. Csongor István Nagy) was published as part of the research project of the HAS-Szeged Federal Markets ‘Momentum’ Research Group.
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