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. |
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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 |
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The strategic use of terminology in restorative justice for persons harmed by sexual violence |
Journal | The International Journal of Restorative Justice, Issue 2 2020 |
Keywords | Restorative justice, sexual violence, victim, survivor, feminism |
Authors | Shirley Jülich, Julienne Molineaux and Malcolm David Green |
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An argument for the importance of strategically selected terminology in the practice of restorative justice in sexual violence cases is presented through reviews of restorative justice, communication, social constructivist and feminist literature. The significance of language and its impact on those who use it and hear it is established from its use in classical antiquity, psychotherapy and semantics. The use of the terms ‘victim’ and ‘survivor’ is explored in the fields of legal definitions and feminist theory. Reports in the existing restorative justice literature are used to bring together the literature on the impact of the use of terminology and the legal and feminist understandings of the significance of the use of the terms ‘victim’ and ‘survivor’. We argue that the restorative justice practitioner has a crucial role in guiding the person harmed in sexual violence cases in the strategic use of ‘victim’ and ‘survivor’ to enhance the positive impact of terminology on the persons harmed in acts of sexual violence. Conclusions from our explorations support the creation of a proposed sexual violence restorative justice situational map for use as a navigational aid in restorative justice practice in sexual violence cases. |
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From victim blaming to reintegrative shamingthe 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 |
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Journal | The International Journal of Restorative Justice, Issue 1 2020 |
Authors | Miranda Forsyth and Valerie Braithwaite |
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The conversation, the journal, not the book |
Journal | The International Journal of Restorative Justice, Issue 1 2020 |
Authors | John Braithwaite |
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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 |
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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. |
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Listening deeply to public perceptions of Restorative JusticeWhat 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 |
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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. |
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Restorative justice capacities in Middle Eastern culture and society: towards a hybrid model of juvenile justice in Palestine |
Journal | The International Journal of Restorative Justice, Issue 1 2019 |
Keywords | Hybrid model, restorative justice, non-state justice, Palestine, Middle East |
Authors | Mutaz Qafisheh and Ali Wardak |
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Alongside the state juvenile justice system, various forms of non-state justice providers are strongly prevalent in Palestine. Although the state juvenile justice has evolved into a modern system, it lacks adequate human, professional and infrastructural capacities to provide effective justice to all children. This field research has identified key non-state justice providers in Palestine and reveals that they are more accessible and speedy and also place more emphasis on peacemaking and reconciliation than the state justice system. It also reveals that in the processes of justice dispensation, occasional violation of children’s rights takes place within some of the male-dominated non-state justice providers. In order to minimise rights violation, while capitalising on the restorative capacities of non-state justice providers, a ‘hybrid model of juvenile justice in Palestine’ has been developed and is proposed. It is argued in this article that the ‘hybrid model’ not only promises to provide a coherent framework of links between Palestinian state juvenile justice and non-state justice providers, but also has the capacity to minimise rights violation through proposed internal and external oversight mechanisms. It is further maintained that translating the hybrid model into practice may result in the provision of more accessible, inclusive and restorative juvenile justice to all children in Palestine. |
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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 |
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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. |
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The adventure of the institutionalisation of restorative justice in Belgium |
Journal | The International Journal of Restorative Justice, Issue 2 2018 |
Keywords | Restorative justice, institutionalisation, penal change, Belgium |
Authors | Anne Lemonne |
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At first glance, the adventure of restorative justice (RJ) in Belgium can be considered a real success story. At the turn of the 21st century, programmes oriented towards this justice model officially determined the criminal justice agenda. What were the key ideas that led to the conceptualisation of restorative justice in Belgium? Who were the main actors and agencies that carried them out? What were the main issues that led to the institutionalisation of restorative justice? What are the effects of its implementation on the Belgian criminal justice system in general? This article strives to present the main findings of a study on the basis of an extensive data collection effort and analysis targeting discourses and practices created by actors from the Belgian academic, scientific, political, administrative, social work and judicial spheres from the 1980s to 2015. |
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Measuring the restorativeness of restorative justice: the case of the Mosaica Jerusalem Programme |
Journal | The International Journal of Restorative Justice, Issue 2 2018 |
Keywords | Restorative justice, criminal justice, criminal law taxonomy, victims, offenders |
Authors | Tali Gal, Hadar Dancig-Rosenberg and Guy Enosh |
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This study uses a Jerusalem-based restorative justice programme as a case study to characterise community restorative justice (CRJ) conferences. On the basis of the Criminal Law Taxonomy, an analytical instrument that includes seventeen measurable characteristics, it examines the procedural elements of the conferences, their content, goals and the role of participants. The analysis uncovers an unprecedented multiplicity of conference characteristics, including the level of flexibility, the existence of victim-offender dialogue, the involvement of the community and a focus on rehabilitative, future-oriented outcomes. The findings offer new insights regarding the theory and practice of CRJ and the gaps between the two. |
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Journal | The International Journal of Restorative Justice, Issue 1 2018 |
Keywords | Adult reparation panels, meso-community of care, concern and accountability, reintegration, restoration, surrogate familial bonds |
Authors | Darren J. McStravick |
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The community paradigm is continually cited as an important influence within restorative practices. However, this influence has not been sufficiently clarified. This article seeks to answer this conundrum by identifying a novel meso-community of care, concern and accountability that has been emerging as part of adult reparation panel procedures. This offender-centric community consists of traditionally secondary justice stakeholders led by criminal justice representative professionals including police officers and probation officials. It also includes lay volunteers and reparation programme officials dependent on state funding and cooperation. Professionalised panellists have led the development of surrogate familial bonds with offenders through the incorporation of a welfare ethos as part of case discourses. This care and concern approach has increased opportunities within case agreements for successful reintegration and rehabilitation. However, this article also acknowledges some concerns within panel processes in that, by attempting to increase accountability for harms caused, there is a danger that panellists are blurring the restorative lines between rehabilitation and genuine restoration and reparation. |