Search result: 52 articles

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Petronella Maria Boonen
Petronella M. Boonen is the Coordinator of restorative justice projects for the Center for Human Rights and Education (www.cdhep.org.br), São Paulo, Brazil. Contact author: pmboonen@gmail.com.

Tali Gal
Tali Gal is a Senior Lecturer and Head of School of Criminology at the University of Haifa, Israel. Contact author: tali.gal.04@gmail.com.
Conversations on restorative justice

A talk with Mary Koss

Journal The International Journal of Restorative Justice, Issue 3 2020
Authors Albert Dzur
Author's information

Albert Dzur
Albert Dzur is Distinguished Research Professor, Departments of Political Science and Philosophy, Bowling Green State University, USA. Contact author: awdzur@bgsu.edu.
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
AbstractAuthor's information

    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.


Jane Anderson
Jane Anderson is Honorary Research Fellow, Anthropology and Sociology, Faculty of Arts, Humanities and Social Sciences, The University of Western Australia, Crawley, Australia. Contact author: jane.a@westnet.com.au; jane.anderson@uwa.edu.au.

    The years 2018-2020 saw a number of new international legal instruments and guidelines relating to restorative justice. In 2018, a landmark Recommendation adopted by the Council of Europe and a Resolution by the Organization of American States encouraged its use in their regions. In 2019, the Milquet Report proposed amending a European Union Directive to promote restorative justice as a diversion from court, while in 2020, the European Union adopted a new Victims’ Strategy, and the United Nations published a revised Handbook on Restorative Justice Programmes. This article identifies and analyses the principal developments in this new international framework. It demonstrates the growing consensus on the potential applicability of restorative justice for all types of offences, and the emerging recognition that restorative justice should aim to satisfy the needs of all participants. It also explores statements endorsing the use of restorative justice beyond the criminal procedure and advising criminal justice institutions to utilise restorative principles to inform cultural change. The paper concludes that implementing international policies domestically requires justice reform advocates to build strong, trusting relationships, and organise inclusive partnerships, with all those who hold a stake in the development of restorative justice.


Ian D. Marder
Ian D. Marder is a Lecturer in Criminology at the Department of Law of the Maynooth University, Maynooth, Republic of Ireland. Contact author: Ian.Marder@mu.ie.
Article

Le nouveau code de procédure pénale en Côte d’ivoire

entre avancées et innovations

Journal African Journal of International Criminal Justice, Issue 1 2020
Keywords Code de procédure pénale, Côte d’ivoire, droits de l’homme, justice, Criminal procedure code, human rights
Authors Judicaël Elisée Tiehi
AbstractAuthor's information

    Longtemps critiqué pour son système pénal jugé suranné, l’Etat de Côte d’ivoire a fait le choix de se doter d’un nouveau de procédure pénale dans le sillage de sa politique de réforme juridique et institutionnel et de modernisation de son système judiciaire. Adopté par la loi n° 2018-975 du 27 décembre 2018 en vue de le conformer aux standards juridiques nationaux (la Constitution de 2016) et internationaux, ce nouveau code à l’architecture profondément restructurée consacre des avancées majeures en matière de protection des droits de l’homme dont l’une des plus emblématique reste la codification inédite de principes directeurs irradiant les différentes phases de la procédure pénale. Ces innovations, matérialisées par la consécration de mécanismes procéduraux révolutionnaires ainsi que par la création des institutions pénales nouvelles, constituent un tremplin vers la consolidation de l’Etat de droit dans le cadre duquel les attributs d’indépendance, d’impartialité et d’équité procédurale occuperont une place de choix.

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    Long criticized for his outdated criminal system, State of Côte d’ivoire has established a new criminal procedure code in the wake of its legal and institutional policy reform and modernization of its judicial system. Adopted by law n° 2018-975 on 27 December 2018 in order to comply it with national (constitutional provisions of 2016) and international legal standards, this new code with its profoundly restructured architecture enshrines major advances in relation to human rights protection, one of the most emblematic of which is the codification of guiding principles covering of various stages of criminal procedure. These innovations, embodied in setting of revolutionary procedural mechanisms and creation of new penal institutions are springboards towards the development Rule of law in which attributes of independence, impartiality and procedural equity will occupy a prominent place.


Judicaël Elisée Tiehi
L’auteur est Doctorant-chercheur en droit international public au Centre Jean Bodin de l’Université d’Angers. Sous la co-direction de Caroline DUPARC (Maître de Conférences en droit privé et sciences criminelles à l’université d’Angers - France) et Annalisa CIAMPI (Professeure de droit international public à l’université de Vérone – Italie), ses travaux de recherches portent sur « Les droits procéduraux devant la Cour pénale internationale: essai critique sur le régime de participation des victimes ». Il tient à remercier sincèrement Mauriac GNOKA pour son assistance documentaire, Hermann Rodrigue ABY et Prudence Claire-Josiane TIEHI pour leurs précieuses relectures.
Article

Access_open Safeguarding the Dynamic Legal Position of Children: A Matter of Age Limits?

Reflections on the Fundamental Principles and Practical Application of Age Limits in Light of International Children’s Rights Law

Journal Erasmus Law Review, Issue 1 2020
Keywords age limits, dynamic legal position, children’s rights, maturity, evolving capacities
Authors Stephanie Rap, Eva Schmidt and Ton Liefaard
AbstractAuthor's information

    In this article a critical reflection upon age limits applied in the law is provided, in light of the tension that exists in international children’s rights law between the protection of children and the recognition of their evolving autonomy. The main research question that will be addressed is to what extent the use of (certain) age limits is justified under international children’s rights law. The complexity of applying open norms and theoretically underdeveloped concepts as laid down in the UN Convention on the Rights of the Child, related to the development and evolving capacities of children as rights holders, will be demonstrated. The UN Committee on the Rights of the Child struggles to provide comprehensive guidance to states regarding the manner in which the dynamic legal position of children should be applied in practice. The inconsistent application of age limits that govern the involvement of children in judicial procedures provides states leeway in granting children autonomy, potentially leading to the establishment of age limits based on inappropriate – practically, politically or ideologically motivated – grounds.


Stephanie Rap
Stephanie Rap is assistant professor in children’s rights at the Department of Child Law, Leiden Law School, the Netherlands.

Eva Schmidt
Eva Schmidt is PhD candidate at the Department of Child Law, Leiden Law School, the Netherlands.

Ton Liefaard
Ton Liefaard is Vice-Dean of Leiden Law School and holds the UNICEF Chair in Children’s Rights at Leiden University, Leiden Law School, the Netherlands.
Article

Exploring amenability of a restorative justice approach to address sexual offences

Journal The International Journal of Restorative Justice, Issue 2 2020
Keywords Restorative justice, sexual abuse, victim-survivor, justice attitudes, gender
Authors Angela Hovey, BJ Rye and Courtney McCarney
AbstractAuthor's information

    This study aimed to explore current attitudes regarding the amenability of a restorative justice approach to addressing harms caused by sexual offences. A web-based survey of a university student sample included a specific narrative response question assessing empathetic responses to stepfather-teen sexual abuse scenarios. Many (78 per cent) participants endorsed a restorative justice approach, a substantial minority (19 per cent) of whom endorsed restorative justice while stipulating retributive justice conditions. Only 22 per cent completely rejected a restorative justice approach. The overarching theme was the dichotomous opinion of restorative justice as either a sufficient (e.g. best option, rehabilitative value) or insufficient (e.g. not enough punishment) response to addressing sexual offences. There was an overall self-reflective openness and willingness to consider a restorative justice approach to address sexual offences.


Angela Hovey
Angela Hovey, PhD, RSW, is an associate professor at the School of Social Work, Lakehead University, Orillia, Canada.

BJ Rye
BJ Rye, PhD, is an associate professor at the Departments of Psychology and Sexuality, Marriage, and Family Studies, St Jerome's University at the University of Waterloo, Waterloo, Canada.

Courtney McCarney
Courtney McCarney, MSW, RSW is a graduate of the School of Social Work, Lakehead University, Orillia, Canada. Contact author: Angela Hovey at ahovey@lakeheadu.ca
Article

From victim blaming to reintegrative shaming

the continuing relevance of Crime, shame and reintegration in the era of #MeToo

Journal The International Journal of Restorative Justice, Issue 1 2020
Authors Shadd Maruna and Brunilda Pali
Author's information

Shadd Maruna
Shadd Maruna is Professor in the School of Social Sciences, Education and Social Work, Queen’s University Belfast, Northern Ireland.

Brunilda Pali
Brunilda Pali is Senior Researcher in the Leuven Institute of Criminology, Catholic University of Leuven, Belgium.
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.


Meredith Rossner
Meredith Rossner will from 2020 be a Professor of Criminology, Centre for Social Research and Methods, Australian National University, Canberra, Australia. In 2019 she was an Associate Professor of Criminology at the London School of Economics and a visitor at the Center for Law and Public Affairs, Princeton University.
Article

Reconciliation potential of Rwandans convicted of genocide

Journal The International Journal of Restorative Justice, Issue 2 2019
Keywords Rwanda, genocide, perpetrators, posttraumatic stress, reconciliation
Authors Kevin Barnes-Ceeney, Laurie Leitch and Lior Gideon
AbstractAuthor's information

    This study examines the reconciliation potential of Rwandans incarcerated for the crime of genocide. Utilising survey data from 302 male and female prisoners incarcerated in the Rwandan Correctional System, this study explores genocide perpetrators’ depression, anxiety, anger-hostility and somatic symptoms, levels of posttraumatic stress, degree of social support and attitudes towards unity and reconciliation. The data demonstrate that engaging in killing can have deep psychological impacts for genocide perpetrators. The data indicate that although more than two decades have passed since the genocide, perpetrators are experiencing high levels of genocide-related posttraumatic suffering. Perpetrators are persistently re-experiencing genocide, purposefully avoiding thoughts and memories of the genocide, and experiencing physical and emotional arousal and reactivity. The sample had a strong desire for all Rwandans to live in peace and unity. There is, however, an urgent need for physical and mental health interventions, as well as services that facilitate the rebuilding of family relationships well in advance of release. Improving the physical and mental well-being of both perpetrators of the genocide and victims can only be a positive development as Rwanda continues to build a unified, reconciled and resilient future.


Kevin Barnes-Ceeney
Kevin Barnes-Ceeney is Assistant Professor at the Henry C. Lee College of Criminal Justice and Forensic Sciences, University of New Haven, West Haven, USA.

Laurie Leitch
Laurie Leitch is Director, Threshold GlobalWorks, New York, USA.

Lior Gideon
Lior Gideon is Professor of Criminal Justice at the Department of Law, Police Science and Criminal Justice Administration at John Jay College of Criminal Justice, New York, 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

How framing past political violence affects reconciliation in the Basque Country

The role of responsibility attributions and in-group victimhood

Journal The International Journal of Restorative Justice, Issue 2 2019
Keywords Political violence, apologies, in-group victimhood, responsibility attributions, Basque Country
Authors Magdalena Bobowik, Darío Páez, Nekane Basabe e.a.
AbstractAuthor's information

    The present study examines the impact of reminders of political violence with and without an apology on the desire for intergroup revenge in the context of political violence in the Basque Country. We expected attributions of responsibility and perceived in-group victimhood to explain these effects. A total of 257 Basque adults were assigned to three conditions: no reminder, reminders of political violence without an apology and reminders of political violence with an apology. Results showed that, as compared to no reminder condition, reminders of political violence without an apology led to assigning more responsibility to police forces and the Spanish state and less responsibility to Euskadi Ta Askatasuna (ETA) and Basque nationalism, as well as increased perceptions of in-group victimhood and the desire for intergroup revenge. Reminders of political violence accompanied by an apology activated less assignment of responsibility to police forces and the Spanish state, but more responsibility attributions to ETA and Basque nationalism, as well as activated perceptions of in-group victimhood. As expected, there was a sequential indirect effect of reminders without an apology (but not with an apology) on revenge through responsibility attributions and then perceptions of in-group victimhood. We discuss implications of these findings for intergroup relations in post-conflict contexts.


Magdalena Bobowik
Magdalena Bobowik is Post-doctoral Research Fellow at the Department of Social Psychology and Methodology of Behaviour Sciences at the University of the Basque Country, San Sebastian, Spain.

Darío Páez
Darío Páez is Full Professor at the Department of Social Psychology and Methodology of Behaviour Sciences at the University of the Basque Country, San Sebastian, Spain and at the Facultad de Educación y Ciencias Sociales, Universidad Andres Bello, Santiago de Chile, Chile.

Nekane Basabe
Nekane Basabe is Full Professor at the Department of Social Psychology and Methodology of Behaviour Sciences at the University of the Basque Country, San Sebastian, Spain.

Patrycja Slawuta
Patrycja Slawuta is a PhD Candidate at the New School for Social Research, New York, USA.

Albert Dzur
Albert Dzur is Distinguished Research Professor, Departments of Political Science and Philosophy, Bowling Green State University, USA.

Martin Wright
Martin Wright is a member of the Editorial Committee of the European Forum for Restorative Justice Newsletter and is based in the United Kingdom.

Otmar Hagemann
Otmar Hagemann is professor of social work at Kiel University of Applied Sciences, Kiel, Germany.
Article

The attitudes of prisoners towards participation in restorative justice procedures

Journal The International Journal of Restorative Justice, Issue 1 2019
Keywords Restorative justice, prisons, incarceration, punishment
Authors Inbal Peleg-Koriat and Dana Weimann-Saks
AbstractAuthor's information

    Restorative justice can be implemented at different stages of criminal proceedings. In Israel, restorative justice processes are mainly used prior to sentencing, while there are no restorative programmes for adults following sentencing and while serving their prison sentences. The aim of the present study is to examine the possibility of implementing restorative processes within prison walls. To this end, the present study empirically investigates the level of readiness and willingness of prisoners (n = 110) from two large prisons in Israel to participate in restorative processes and examines the psychological mechanisms underlying their attitudes towards actual participation in these processes. The study proposes a model according to which the relationship between the cognitive component of attitude towards victims and the harm caused by the offence (beliefs and thoughts) and the behavioural component of attitude (the inclination to participate in restorative processes) is mediated by the affective component of attitude towards the offence (sense of guilt and shame). The findings of the study support the proposed model. The study also found that the more prisoners perceived the harm they caused as having more dimensions (physical, economic, emotional), the more positive their attitudes towards restorative justice would be. This study will advance research into restorative justice at a stage that has not previously been researched in Israel and has rarely been investigated elsewhere.


Inbal Peleg-Koriat
Inbal Peleg-Koriat, PhD, is a lawyer and conflict management and negotiation specialist, and a faculty member at the Yezreel Valley Academic College, Israel.

Dana Weimann-Saks
Dana Weimann-Saks, PhD, is a lawyer and a social psychologist, and also a faculty member at the Yezreel Valley Academic College.
Article

Law Reform in a Federal System

The Australian Example

Journal European Journal of Law Reform, Issue 1 2019
Keywords customary law, federal system, Australia
Authors Kathryn Cronin
AbstractAuthor's information

    The Australian law reform arrangements comprise a ‘crowded field’ of law reformers. These include permanent, semi-permanent and ad hoc commissions, committees and inquiries charged with examining and recommending reform of Commonwealth/federal and state laws. These are supplemented by citizen-led deliberative forums on law reform. The author’s experience in her roles as a commissioner and deputy president of the Australian Law Reform Commission (ALRC) and also as counsel assigned to advise the Joint Standing Committee on Migration in the Australian Federal Parliament highlighted facets of Australian law reform – the particular role of a law commission working in a federal system and the co-option of legal expertise to scrutinize law reforms proposed within the parliamentary committee system.


Kathryn Cronin
Kathryn Cronin is former Deputy President Australian Law Reform Commissioner and now barrister at Garden Court Chambers.

Albert Dzur
Albert Dzur is Professor, Departments of Political Science and Philosophy, Bowling Green State University, USA. Contact author: awdzur@bgsu.edu.
Article

Restorative justice as feminist practice

Journal The International Journal of Restorative Justice, Issue 3 2018
Keywords Restorative justice, gender-based violence, feminism
Authors Leigh Goodmark
AbstractAuthor's information

    Feminists have viewed the implementation of restorative practices warily, particularly in the context of gender-based harms. Concerns include the devaluing of gender-based harms, the reprivatisation of violence against women and the inability of restorative practitioners to guarantee safety for people subjected to abuse. But this article will argue that restorative justice can be a uniquely feminist practice, growing out of the same mistrust of state-based systems and engagement of the community that animated the early feminist movement. Although some caution is warranted, restorative justice serves the feminist goals of amplifying women’s voices, fostering women’s autonomy and empowerment, engaging community, avoiding gender essentialism and employing an intersectional analysis, transforming patriarchal structures and ending violence against women.


Leigh Goodmark
Leigh Goodmark is Professor of Law and Director of the Gender Violence Clinic at the University of Maryland Francis King Carey School of Law, Baltimore, USA. Contact author: lgoodmark@law.umaryland.edu.
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