As a response to the over-representation of Australian Aboriginal offenders in Western Australian prisons and high rates of reoffending, this article presents a sketch of Western and Australian Aboriginal worldviews and core symbols as a basis for understanding the rehabilitative-restorative needs of this prisoner cohort. The work first reviews and argues that the Western-informed Risk-Need-Responsivity model of programming for Australian Aboriginal prisoners has limited value for preventing reoffending. An introduction and description are then given to an Aboriginal in-prison restorative justice process (AIPRJP) which is delivered in a regional Western Australian prison. The process is largely undergirded by an Australian Aboriginal worldview and directed to delivering a culturally constructive and corrective intervention. The AIPRJP uses a range of symbolic forms (i.e. ritual, myth, play, art, information), which are adapted to the prison context to bring about the aims of restorative justice. The article contends that culturally informed restorative justice processes can produce intermediate outcomes that can directly or indirectly be associated with reductions in reoffending. |
Search result: 124 articles
Response |
Restorative justice domesticated |
Journal | The International Journal of Restorative Justice, Issue 3 2020 |
Authors | Lode Walgrave |
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Response |
Reconceptualising hate crime in a restorative framework |
Journal | The International Journal of Restorative Justice, Issue 3 2020 |
Authors | Robert Peacock |
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Notes from the field |
Developments in the use of restorative justice for hate crime |
Journal | The International Journal of Restorative Justice, Issue 3 2020 |
Authors | Mark Walters |
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Editorial |
Restorative justice myopia |
Journal | The International Journal of Restorative Justice, Issue 3 2020 |
Authors | Tali Gal |
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Article |
An Australian Aboriginal in-prison restorative justice process: a worldview explanation |
Journal | The International Journal of Restorative Justice, Issue 3 2020 |
Keywords | Australian Aboriginal, prison, recidivism, worldview, restorative justice |
Authors | Jane Anderson |
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Annual lecture |
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Journal | The International Journal of Restorative Justice, Issue 2 2020 |
Keywords | Restorative justice, youth offenders, trauma, marginalisation, offender accountability |
Authors | William R. Wood |
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In this article I explore the concept of accountability for young people in youth restorative conferencing. Definitions of accountability in research and programme literature demonstrate significant variation between expectations of young people to admit harms, make amends, address the causes of their offending, and desist from future offending. Such variation is problematic in terms of aligning conferencing goals with accountability expectations. I first draw from research that suggests appeals to normative frameworks such as accountability may not be useful for some young people with significant histories of victimisation, abuse, neglect, and trauma. I then examine problems in accountability for young people that are highly marginalised or ‘redundant’ in terms of systemic exclusion from economic and social forms of capital. These two issues – trauma on the micro level and social marginalisation on the macro level – suggest problems of getting to accountability for some young people. I also argue trauma and social marginalisation present specific problems for thinking about young offenders as ‘moral subjects’ and conferencing as an effective mechanism of moralising social control. I conclude by suggesting a clear distinction between accountability and responsibility is necessary to disentangle the conflation of misdeeds from the acute social, psychological, and developmental needs of some young offenders. |
Article |
Aviators Grounded by COVID-19 (But Mediators Are Ready to Fly) |
Journal | Corporate Mediation Journal, Issue 1 2020 |
Keywords | Fledgling mediators, Master Mediators, Ken Cloke, John Sturrock, Mediator’s Flight Plan |
Authors | Anna Doyle |
AbstractAuthor's information |
Fledgling mediators are nourished by the wisdom of Master Mediators, until they find their wings and take to the sky. This is a personal perspective, inspired by the author’s attendance at a Master Class given by Ken Cloke in Edinburgh in 2008 (organised by John Sturrock of Core). It echoes precious wisdom, skilfully imparted and gratefully received. The Mediator’s Flight Plan has happily kept the author’s feet ‘off the ground’ for the past 12 years and has inspired her to fly. She shares it now in the hope that it may also inspire other mediators to dare to soar. |
Article |
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Journal | The International Journal of Restorative Justice, Issue 1 2020 |
Authors | Miranda Forsyth and Valerie Braithwaite |
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Article |
The conversation, the journal, not the book |
Journal | The International Journal of Restorative Justice, Issue 1 2020 |
Authors | John Braithwaite |
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Article |
Crime, shame and reintegrationfrom theory to empirical evidence |
Journal | The International Journal of Restorative Justice, Issue 1 2020 |
Authors | Heather Strang |
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Article |
Deliberation Out of the Laboratory into DemocracyQuasi-Experimental Research on Deliberative Opinions in Antwerp’s Participatory Budgeting |
Journal | Politics of the Low Countries, Issue 1 2020 |
Keywords | Deliberative democracy, mini-publics, participatory budget, social learning, deliberative opinions |
Authors | Thibaut Renson |
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The theoretical assumptions of deliberative democracy are increasingly embraced by policymakers investing in local practices, while the empirical verifications are often not on an equal footing. One such assertion concerns the stimulus of social learning among participants of civic democratic deliberation. Through the use of pre-test/post-test panel data, it is tested whether participation in mini-publics stimulates the cognitive and attitudinal indicators of social learning. The main contribution of this work lies in the choice of matching this quasi-experimental set-up with a natural design. This study explores social learning across deliberation through which local policymakers invite their citizens to participate in actual policymaking. This analysis on the District of Antwerp’s participatory budgeting demonstrates stronger social learning in real-world policymaking. These results inform a richer theory on the impacts of deliberation, as well as better use of limited resources for local (participatory) policymaking. |
Article |
On being ‘good sad’ and other conundrums: mapping emotion in post sentencing restorative justice |
Journal | The International Journal of Restorative Justice, Issue 3 2019 |
Keywords | Post-sentencing restorative justice, emotion, victim-offender conferencing, violent crime, victims |
Authors | Jasmine Bruce and Jane Bolitho |
AbstractAuthor's information |
Advocates of restorative justice argue the process offers significant benefits for participants after crime including emotional restoration. Critics point to concerns including the potential for victims to be re-victimised and offenders to be verbally abused by victims. Whether or not restorative justice should be made more widely available in cases of severe violence remains controversial. Drawing from 40 in-depth interviews with victims and offenders, across 23 completed cases concerning post-sentencing matters for adults following severe crime, we map the sequence of emotion felt by victims and offenders at four points in time: before, during and after the conference (both immediately and five years later). The findings provide insight into what emotions are felt and how they are perceived across time. We discuss the role of emotion in cases of violent crime and offer a fresh perspective on what emotional restoration actually means within effective conference processes at the post-sentencing stage. |
Article |
Restorative justice, anger, and the transformative energy of forgiveness |
Journal | The International Journal of Restorative Justice, Issue 3 2019 |
Keywords | Restorative justice, ritual, anger, apology, forgiveness |
Authors | Meredith Rossner |
AbstractAuthor's information |
Restorative justice has long been positioned as a justice mechanism that prioritises emotion and its expression. It is also unique in its ritual elements, such as the ritualized expression of anger and the symbolic exchange of apology and forgiveness. This paper draws on insights from research and practice in restorative justice and recent developments in criminology/legal theory and the philosophy of justice to suggest some ways that the broader criminal justice landscape can incorporate elements of successful restorative justice rituals into its practice. I argue that the unique elements of restorative justice- its ability to harness anger into a deliberative ritual for victims and offenders, its focus on symbolic reparations, and its ability to engender a form of forward-looking forgiveness that promotes civility- can provide a framework for rethinking how criminal justice institutions operate. |
Editorial |
Understanding emotions in restorative justice: transcending myths and scepticism |
Journal | The International Journal of Restorative Justice, Issue 3 2019 |
Authors | Susanne Karstedt and Meredith Rossner |
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Book Review |
40 ideas para la práctica de la justicia restaurativa en la jurisdicción penal |
Journal | The International Journal of Restorative Justice, Issue 3 2019 |
Authors | Eduardo Cozar |
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Article |
Supporting Self-Represented Litigants and Access to JusticeHow Does ODR Fit In? |
Journal | International Journal of Online Dispute Resolution, Issue 2 2019 |
Keywords | ODR, self-represented litigants, access to justice, legal services |
Authors | John M. Greacen |
AbstractAuthor's information |
In 2015 the Conference of Chief Justices and the Conference of State Court Administrators (CCJ/COSCA), representing the leadership of the state court systems of the United States, adopted the following goal for access to justice for civil legal issues. How far are we from attaining that goal today? |
Géza Herczegh was a Hungarian academic, justice of the Hungarian Constitutional Court and judge of the International Court of Justice (ICJ). In this paper, which commemorates the 90th anniversary of Géza Herczegh’s birth, his successor at the ICJ, Judge Peter Tomka, offers his reflections on Herczegh’s time at the Court. While they had only limited interaction, Judge Tomka recalls his encounters with Herczegh, both before and after Herczegh’s election to the ICJ. Additionally, Judge Tomka reviews Herczegh’s legacy at the ICJ, considering both the occasions when Herczegh wrote separately from the Court and his reputation amongst people familiar with the ICJ as a dedicated and open-minded judge interested in finding areas of consensus. |
Pending Cases |
Case C-344/19, Working timeDJ – v – Radiotelevizija Slovenija, reference lodged by the Vrhovno sodišče Republike Slovenije (Slovenia) on 2 May 2019 |
Journal | European Employment Law Cases, Issue 3 2019 |
Keywords | Working time |
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