Restorative Justice and the Law

Restorative Justice and the Law
Author :
Publisher : Routledge
Total Pages : 270
Release :
ISBN-10 : 9781903240977
ISBN-13 : 1903240972
Rating : 4/5 (77 Downloads)

Synopsis Restorative Justice and the Law by : L. Walgrave

Restorative justice has developed from a barely known term to a central role in debates on the future of criminal justice. But as it has moved into the mainstream so new tensions and issues have emerged as it becomes increasingly integrated into normal practice, and part of broader legal and judicial systems ­ both in common law countries and those with centralised legal systems. The purpose of this book is to explore this developing relationship between the concepts and practice of restorative justice on the one hand, and the law and legal systems on the other. Amongst the questions it addresses are the following: how are informal processes to be juxtaposed with formal procedures? what is the appropriate relationship between voluntarism and coercion? how can the procedures and practices of restorative justice be combined with legal standards, safeguards and precepts?

Handbook on Restorative Justice Programmes

Handbook on Restorative Justice Programmes
Author :
Publisher : United Nations Publications
Total Pages : 0
Release :
ISBN-10 : 9211337542
ISBN-13 : 9789211337549
Rating : 4/5 (42 Downloads)

Synopsis Handbook on Restorative Justice Programmes by : Yvon Dandurand

The present handbook offers, in a quick reference format, an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach. Its focus is on a range of measures and programmes, inspired by restorative justice values, that are flexible in their adaptation to criminal justice systems and that complement them while taking into account varying legal, social and cultural circumstances. It was prepared for the use of criminal justice officials, non-governmental organizations and community groups who are working together to improve current responses to crime and conflict in their community

Just Emotions

Just Emotions
Author :
Publisher : OUP Oxford
Total Pages : 0
Release :
ISBN-10 : 0199655049
ISBN-13 : 9780199655045
Rating : 4/5 (49 Downloads)

Synopsis Just Emotions by : Meredith Rossner

Analyses how restorative justice conferences work as a unique form of justice ritual, with a pioneering new approach to the micro-level study of conferences and recommendations to improve the practice. It examines both failed and successful rituals, and provides a statistical model of the ritual elements and how these may impact reoffending.

Decolonizing Law

Decolonizing Law
Author :
Publisher : Routledge
Total Pages : 271
Release :
ISBN-10 : 9781000396553
ISBN-13 : 100039655X
Rating : 4/5 (53 Downloads)

Synopsis Decolonizing Law by : Sujith Xavier

This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.

Compulsory Compassion

Compulsory Compassion
Author :
Publisher : UBC Press
Total Pages : 226
Release :
ISBN-10 : 0774809434
ISBN-13 : 9780774809436
Rating : 4/5 (34 Downloads)

Synopsis Compulsory Compassion by : Annalise E. Acorn

Restorative justice is often touted as the humane and politically progressive alternative to the rigid philosophy of retributive punishment that underpins many of the world's judicial systems. Emotionally seductive, its rhetoric appeals to a desire for a "right-relation" among individuals and communities, an offers us a vision of justice that allows for the mutual healing of victim and offender, and with it, a sense of communal repair. In Compulsory Compassion, Annalise Acorn, a one-time advocate for restorative justice, deconstructs the rhetoric of the restorative movement. Drawing from diverse legal, literary, philosophical, and autobiographical sources, she questions the fundamental assumptions behind that rhetoric: that we can trust wrongdoers' performances of contrition; that healing lies in a respectful, face-to-face encounter between victim and offender; and that the restorative idea of right-relation holds the key to a reconciliation of justice and accountability on the one hand, with love and compassion on the other.

The Restorative Justice Ritual

The Restorative Justice Ritual
Author :
Publisher : Routledge
Total Pages : 151
Release :
ISBN-10 : 9781000331875
ISBN-13 : 1000331873
Rating : 4/5 (75 Downloads)

Synopsis The Restorative Justice Ritual by : Lindsey Pointer

Restorative justice is an innovative approach to responding to crime and conflict that shifts the focus away from laws and punishment to instead consider the harm caused and what is needed to repair that harm and make things right. Interest in restorative justice is rapidly expanding, with new applications continuously emerging around the world. The restorative philosophy and conference process have shown great promise in providing a justice response that heals individuals and strengthens the community. Still, a few key questions remain unanswered. First, how is the personal and relational transformation apparent in the restorative justice process achieved? What can be done to safeguard and enhance that effectiveness? Second, can restorative justice satisfy the wider public’s need for a reaffirmation of communal norms following a crime, particularly in comparison to the criminal trial? And finally, given its primary focus on making amends at an interpersonal level, does restorative justice routinely fail to address larger, structural injustices? This book engages with these three critical questions through an understanding of restorative justice as a ritual. It proffers three dominant ritual functions related to the performance of justice: the normative, the transformative, and the proleptic. Two justice rituals, namely, the criminal trial and the restorative justice conference, are examined through this framework in order to understand how each process fulfills, or fails to fulfill, the multifaceted human need for justice. The book will be of interest to students, academics, and practitioners working in the areas of Restorative Justice, Criminal Law, and Criminology.

Restorative Justice in Urban Schools

Restorative Justice in Urban Schools
Author :
Publisher : Routledge
Total Pages : 187
Release :
ISBN-10 : 9781317434467
ISBN-13 : 1317434463
Rating : 4/5 (67 Downloads)

Synopsis Restorative Justice in Urban Schools by : Anita Wadhwa

The school-to-prison pipeline is often the path for marginalized students, particularly black males, who are three times as likely to be suspended as White students. This volume provides an ethnographic portrait of how educators can implement restorative justice to build positive school cultures and address disciplinary problems in a more corrective and less punitive manner. Looking at the school-to-prison pipeline in a historical context, it analyzes current issues facing schools and communities and ways that restorative justice can improve behavior and academic achievement. By practicing a critical restorative justice, educators can reduce the domino effect between suspension and incarceration and foster a more inclusive school climate.

Restorative Justice in Practice

Restorative Justice in Practice
Author :
Publisher :
Total Pages : 374
Release :
ISBN-10 : 1600422608
ISBN-13 : 9781600422607
Rating : 4/5 (08 Downloads)

Synopsis Restorative Justice in Practice by : Michael P. Seng

This collection of essays on restorative justice surveys the different contexts in which restorative justice can be utilized in the practice of law and elsewhere. Restorative justice is itself an elusive concept and the essays show how the meaning of restorative justice can shift depending upon the needs of the parties and the community. Restorative justice is not only related to criminal law and corrections. It is related to all aspects of life and law, including civil disputes, civil rights, interpersonal relationships, and personal growth and self-awareness. Consequently, the essays roam over many fields: housing discrimination, family disputes, the war on drugs, the death penalty, juvenile courts, the law school curriculum, torture, immigration, clergy sexual abuse, international conflicts, yoga, and self-healing. The book calls for action as well as reflection. Sheila M. Murphy is a retired Illinois trial judge. She was Presiding Judge of the Markham court. Its jurisdiction consisted of 37 towns and over 1 million people. Among the many cases she heard was the case of Verneal Jimerson who had been condemned to death. His innocence became evident in a de novo hearing and Judge Murphy dismissed his indictment and freed him. In her retirement she assisted Dominique Green advocating against the death penalty in his case in Texas. Dominique s case is the subject matter of a book by Thomas Cahill, A Saint on Death Row. Prior to becoming a judge, Sheila Murphy served as a Cook County Public Defender for seven years and as a panel lawyer for the Federal Defenders of Northern District of Illinois for eleven years. Judge Murphy graduated from Marquette University, where she met her husband, Patrick Racey and De Paul University Law School. In 2014 she was awarded a lifetime achievement award by the Illinois Judges Association. Professor Michael Seng and Adjunct Professor Sheila Murphy designed a unique course in restorative justice at John Marshall Law School in Chicago . Law students learn restorative justice and then bring it to the grade and high schools, communities and courts. Sheila Murphy has lectured on restorative justice in China, the Czech Republic, Ireland, Slovakia, Taiwan, and recently, Norway. Michael P. Seng is a professor at The John Marshall Law School where he teaches a variety of courses focused on constitutional law, civil rights, and comparative law. He is the co-director of The John Marshall Law School Fair Housing Legal Support Center and Clinic. He is also the director of International Student Programs at The John Marshall Law School. Before teaching, he was in private practice and was directing attorney for the Land of Lincoln Legal Assistance Office in Cairo, Illinois, where he litigated many civil rights cases. He was a Fulbright Professor in Nigeria and in the Czech Republic. He is a graduate of the University of Notre Dame and the Notre Dame Law School. He has been teaching restorative justice with Judge Murphy since 2011. "

Restorative Justice & Responsive Regulation

Restorative Justice & Responsive Regulation
Author :
Publisher : Oxford University Press, USA
Total Pages : 334
Release :
ISBN-10 : 9780195158397
ISBN-13 : 0195158393
Rating : 4/5 (97 Downloads)

Synopsis Restorative Justice & Responsive Regulation by : John Braithwaite

Braithwaite's argument against punitive justice systems and for restorative justice systems establishes that there are good theoretical and empirical grounds for anticipating that well designed restorative justice processes will restore victims, offenders, and communities better than existing criminal justice practices. Counterintuitively, he also shows that a restorative justice system may deter, incapacitate, and rehabilitate more effectively than a punitive system. This is particularly true when the restorative justice system is embedded in a responsive regulatory framework that opts for deterrence only after restoration repeatedly fails, and incapacitation only after escalated deterrence fails. Braithwaite's empirical research demonstrates that active deterrence under the dynamic regulatory pyramid that is a hallmark of the restorative justice system he supports, is far more effective than the passive deterrence that is notable in the stricter "sentencing grid" of current criminal justice systems.

Restorative Justice, Self-interest and Responsible Citizenship

Restorative Justice, Self-interest and Responsible Citizenship
Author :
Publisher : Routledge
Total Pages : 248
Release :
ISBN-10 : 9781134007707
ISBN-13 : 1134007701
Rating : 4/5 (07 Downloads)

Synopsis Restorative Justice, Self-interest and Responsible Citizenship by : Lode Walgrave

Lode Walgrave has made a highly significant contribution to the worldwide development of the restorative justice movement over the last two decades. This book represents the culmination of his vision for restorative justice. Coming to the subject from a juvenile justice background he initially saw restorative justice as a means of escaping the rehabilitation-punishment dilemma, and as the basis for a more constructive judicial response to youth crime that had been the case hitherto. Over time his conception of restorative justice moved in the direction of focusing on repairing harm and suffering rather than ensuring that the youthful offender met with a 'just' response, and encompassing the notion that restorative justice was not so much about a justice system promoting restoration, more a matter of doing justice through restoration. This book develops Lode Walgrave's conception of restorative justice further, incorporating a number of key elements. • a clearly outcome-based definition of restorative justice • acceptance of the need to use judicial coercion to impose sanctions as part of the reparative process • presenting restorative justice as a fully fledged alternative to the punitive apriorism • development of a more sophisticated concept of the relationship between restorative justice and the law, and acceptance of the need for legal regulation • a consideration of the expansion of a restorative justice philosophy into other areas of social life and the threats and opportunities this provides • a consideration of the implications of the expansion of restorative justice for the discipline of criminology and democracy