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: 79 articles
Response |
Reflecting on structural violence and restorative justice in Brazil: the relevance of the UN handbook |
Journal | The International Journal of Restorative Justice, Issue 3 2020 |
Authors | Petronella Maria Boonen |
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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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Conversations on restorative justice |
A talk with Mary Koss |
Journal | The International Journal of Restorative Justice, Issue 3 2020 |
Authors | Albert Dzur |
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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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Article |
The new international restorative justice framework: reviewing three years of progress and efforts to promote access to services and cultural change |
Journal | The International Journal of Restorative Justice, Issue 3 2020 |
Keywords | restorative justice, criminal justice reform, cultural change, international guidelines, international law |
Authors | Ian D. Marder |
AbstractAuthor's information |
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. |
Notes from the field |
After three decades of restorative justice in Germany: thoughts on the needs for a strategic re-orientation |
Journal | The International Journal of Restorative Justice, Issue 2 2020 |
Authors | Gerd Delattre and Christoph Willms |
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Conversations on restorative justice |
A talk with Martin Wright |
Journal | The International Journal of Restorative Justice, Issue 2 2020 |
Authors | Albert Dzur |
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Article |
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Journal | Erasmus Law Review, Issue 1 2020 |
Keywords | youth justice, age limits, minimum age of criminal responsibility, age of criminal majority, legal comparison |
Authors | Jantien Leenknecht, Johan Put and Katrijn Veeckmans |
AbstractAuthor's information |
In each youth justice system, several age limits exist that indicate what type of reaction can and may be connected to the degree of responsibility that a person can already bear. Civil liability, criminal responsibility and criminal majority are examples of concepts on which age limits are based, but whose definition and impact is not always clear. Especially as far as the minimum age of criminal responsibility (MACR) is concerned, confusion exists in legal doctrine. This is apparent from the fact that international comparison tables often show different MACRs for the same country. Moreover, the international literature often seems to define youth justice systems by means of a lower and upper limit, whereas such a dual distinction is too basic to comprehend the complex multilayer nature of the systems. This contribution therefore maps out and conceptually clarifies the different interpretations and consequences of the several age limits that exist within youth justice systems. To that extent, the age limits of six countries are analysed: Argentina, Austria, Belgium, the Netherlands, New Zealand and Northern Ireland. This legal comparison ultimately leads to a proposal to establish a coherent conceptual framework on age limits in youth justice. |
Article |
From victimisation to restorative justice: developing the offer of restorative justice |
Journal | The International Journal of Restorative Justice, Issue 2 2020 |
Keywords | Restorative policing, restorative justice, offer to victims, policing, action research |
Authors | Joanna Shapland, Daniel Burn, Adam Crawford e.a. |
AbstractAuthor's information |
Restorative justice services have expanded in England and Wales since the Victim’s Code 2015. Yet evidence from the Crime Survey for England and Wales shows that in 2016-2017 only 4.1 per cent of victims recall being offered such a service. This article presents the evidence from an action research project set in three police forces in England and Wales, which sought to develop the delivery of restorative justice interventions with victims of adult and youth crime. We depict the complexity intrinsic to making an offer of restorative justice and the difficulties forces experienced in practice, given the cultural, practical and administrative challenges encountered during the course of three distinct pilot projects. Points of good practice, such as institutional buy-in, uncomplicated referral processes and adopting a victim-focused mindset are highlighted. Finally, we draw the results from the different projects together to suggest a seven-point set of requirements that need to be in place for the offer of restorative practice to become an effective and familiar process in policing. |
Conversations on restorative justice |
A talk with John Braithwaite |
Journal | The International Journal of Restorative Justice, Issue 1 2020 |
Authors | Albert Dzur |
Author's information |
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. |
Book Review |
Criminal deterrence theory: the history, myths & realities. |
Journal | The International Journal of Restorative Justice, Issue 3 2019 |
Authors | Jacques Claessen |
Author's information |
Article |
Law Reform in IrelandImplementation and Independence of Law Reform Commission |
Journal | European Journal of Law Reform, Issue 4 2019 |
Keywords | law reform, statute law revision, better regulation, access to legislation, lawyer’s law |
Authors | Edward Donelan |
AbstractAuthor's information |
This article describes the origins and work of the Law Reform Commission in Ireland. The model follows that in Common Law countries. Its work includes both substantive law reform and statute law revision (weeding out spent or unused statutes and undertaking consolidation or other work to make statute law more accessible.) The work of the Commission focuses on ‘lawyers’ law’ and, therefore, avoids subjects that could be politically controversial. Consequentially, the bulk of its recommendations are accepted and translated into legislation. |
Article |
The Rights of the Victim in Hungarian Criminal Proceedings |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2019 |
Keywords | rights of victims, code of criminal procedure in Hungary, victims in criminal procedure, Directive 2012/29/EU, rights of vulnerable persons |
Authors | Anna Kiss |
AbstractAuthor's information |
In the course of the development of criminal law victims lost their former leading role in the procedure and were pushed to the periphery of justice. Legal experts have come to realize that this tendency is tremendously unfair to the victim. European documents on the legal position of the victims increasingly called the attention of the legislature to the need of bringing about changes. In Hungary, the relevant new law was passed in June 2017. The Code came into effect in July 2018 and confirmed the victim’s procedural position. Since July, there are three groups of victims’ rights in Hungarian Criminal Proceedings: provision of information and support; participation in criminal proceedings; protection of victims and recognition of victims in need of special protection. In addition to describing the rights, the study also draws attention to the fact in light of the principle that all rights are worth upholding it is not enough to regulate the rights of victims. The study also warns that although the rights of victims are important, we should not forget the guarantees concerning suspects’ rights, which must also be ensured. |
Human Rights Practice Reviews |
The Russian Federation |
Journal | East European Yearbook on Human Rights, Issue 1 2019 |
Authors | Igor Bartsits, Oleg Zaytsev and Kira Sazonova PhD |
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Article |
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Journal | Erasmus Law Review, Issue 1 2019 |
Keywords | international jurisdiction, English, court language, Belgium, business court |
Authors | Erik Peetermans and Philippe Lambrecht |
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In establishing the Brussels International Business Court (BIBC), Belgium is following an international trend to attract international business disputes to English-speaking state courts. The BIBC will be an autonomous business court with the competence to settle, in English, disputes between companies throughout Belgium. This article focuses on the BIBC’s constitutionality, composition, competence, proceedings and funding, providing a brief analysis and critical assessment of each of these points. At the time of writing, the Belgian Federal Parliament has not yet definitively passed the Bill establishing the BIBC, meaning that amendments are still possible. |
Case study |
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Journal | The International Journal of Restorative Justice, Issue 2 2019 |
Authors | Marian Liebmann |
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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. |
Conversation on restorative justice |
A talk with Ezzat Fattah |
Journal | The International Journal of Restorative Justice, Issue 2 2019 |
Authors | Albert Dzur |
Author's information |
Response |
Towards a ‘restorative country’? An English view of Dutch developments |
Journal | The International Journal of Restorative Justice, Issue 1 2019 |
Authors | Martin Wright |
Author's information |