Criminology, Conflict Resolution and Restorative Justice

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Author: Kieran McEvoy,Tim Newburn

Publisher: Macmillan

ISBN: 9780333761458

Category: Law

Page: 228

View: 7408

This collection explores the intersection between criminology, conflict resolution and restorative justice. It traces the role of criminological discourses in the resolution of conflict at the macro political level (in South Africa and Northern Ireland) and the micro level in settings such as local communities, indigenous justice systems and in the youth justice system. The resulting discourse, drawing upon peacemaking criminology, human rights and restorative justice frameworks, suggests an important symbiosis between the traditionally distinct disciplines of criminology and conflict resolution peace studies.

Zwischenwelten: Weder Krieg noch Frieden

Über den konstruktiven Umgang mit Gewaltphänomenen im Prozess der Konflikttransformation

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Author: Marcel Baumann

Publisher: Springer-Verlag

ISBN: 3531911961

Category: Political Science

Page: 318

View: 4363

Restorative Justice

From Theory to Practice

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Author: Holly Ventura Miller

Publisher: Emerald Group Publishing

ISBN: 0762314559

Category: Social Science

Page: 296

View: 3054

Covers scholarly work in criminology and criminal justice studies, sociology of law, and the sociology of deviance.

Justice in Transition

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Author: Anna Eriksson

Publisher: Routledge

ISBN: 1134027303

Category: Social Science

Page: 256

View: 4332

This book provides a unique account of the high-profile community-based restorative justice projects in the Republican and Loyalist communities that have emerged with the ending of the conflict in Northern Ireland. Unprecedented new partnerships between Republican communities and the Police Service of Northern Ireland have developed, and former IRA and UVF combatants and political ex prisoners have been amongst those involved. Community restorative justice projects have been central to these groundbreaking changes, acting as both facilitator and transformer. Based on an extensive range of interviews with key players in this process, many of them former combatants, and unique access to the different community projects this books tells a fascinating story. At the same time this book explores the wider implications for restorative justice internationally, highlighting the important lessons for partnerships between police and community in other jurisdictions, particularly in the high-crime alienated neighbourhoods which exist in most western societies, as well as transitional ones. It also offers a critical analysis of the roles of both community and state and the tensions around the ownership of justice, and a critical, unromanticized assessment of the role of restorative justice in the community.

Restoring Justice

An Introduction to Restorative Justice

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Author: Daniel W. Van Ness,Karen Heetderks Strong

Publisher: Routledge

ISBN: 1317521684

Category: Social Science

Page: 236

View: 4970

Restoring Justice: An Introduction to Restorative Justice offers a clear and convincing explanation of restorative justice, a movement within criminal justice with growing worldwide influence. It explores the broad appeal of this new vision and offers a brief history of its development. The book presents a theoretical foundation for the principles and values of restorative justice and develops its four cornerpost ideas of encounter, amends, inclusion and reintegration. After exploring how restorative justice ideas and values may be integrated into policy and practice, it presents a series of key issues commonly raised about restorative justice, summarizing various perspectives on each.

Transitional Justice from Below

Grassroots Activism and the Struggle for Change

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Author: Kieran McEvoy,Lorna McGregor

Publisher: Bloomsbury Publishing

ISBN: 1847314422

Category: Political Science

Page: 233

View: 3223

Although relatively new as a distinct field of study, transitional justice has become rapidly established as a vital field of enquiry. From vaguely exotic origins on the outer edges of political science, the study of 'justice' in times of transition has emerged as a central concern of scholarship and practical policy-making. A process of institutionalisation has confirmed this importance. The ICTY, the ICTR, the ICC, hybrid tribunals in Sierra Leone and East Timor and 'local' processes such as the Iraqi Higher Tribunal (IHT) have energised international law and international criminal justice scholarship. The South African TRC was for a time lauded as the model for dealing with the past and remains one of the most researched institutions in the world. It is one of approximately two dozen such institutions established in different transitional contexts over the past twenty years to assist conflicted societies to come to terms with a violent past. At the national level, international donors contribute huge sums of money to 'Rule of Law' programmes designed to transform national justice systems. This collection seeks to offer something quite different to the mainstream of scholarship in this area, emphasising the need for bespoke solutions to different transitions rather than 'off the shelf' models. The collection is designed to offer a space for diversity, prompted by a series of perspectives "from below" of societies beset by past violent conflict which have sought to effect their transition to justice. In doing so the contributors have also sought to enrich discussion about the role of human rights in transition, the continuing usefulness of perspectives from above, and the still contested meanings of "transition".

Restorative Justice in Transitional Settings

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Author: Kerry Clamp

Publisher: Routledge

ISBN: 1317529243

Category: Social Science

Page: 226

View: 8664

Restorative justice is increasingly being applied to settings characterized by large-scale violence and human rights abuses. While many embrace this development as an important step in attempts to transform protracted conflict, there are a number of conceptual challenges in transporting restorative justice from a democratic setting to one which has been affected by mass victimisation or civil war. These include responding to the seriousness and scale of harms that have been caused, the blurred boundaries between victims and offenders, and the difficulties associated with holding someone to account and compelling reparative activities. Despite reams of paper being devoted to defining restorative justice within democratic settings (where the concept first emerged), restorative scholars have been slow to comment on the integration of restorative justice into the transitional justice discourse. Restorative Justice in Transitional Settings brings together a number of leading scholars from around the world to respond to this gap by developing and further articulating restorative justice for transitional settings. These scholars push the boundaries of restorative justice to seek more effective approaches to addressing the causes and consequences of conflict and oppression in these diverse contexts. Each chapter highlights a limitation with current conceptions of restorative justice in the transitional justice literature and then suggests a way in which the limitation might be overcome. This book has strong interdisciplinary value and will be of interest to criminologists, legal scholars, and those engaged with international relations and peace treaties.

Handbook of Restorative Justice

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Author: Gerry Johnstone,Daniel Van Ness

Publisher: Routledge

ISBN: 1134015194

Category: Social Science

Page: 672

View: 6523

Discusses the key concepts and principles of restorative justice; explains how the campaign for restorative justice arose and developed into an influential social movement; describes the variety of restorative justice practices; and identifies and examines key issues within the restorative justice movement.

Restorative Justice in Transition

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Author: Kerry Clamp

Publisher: Routledge

ISBN: 1135076375

Category: Social Science

Page: 166

View: 5715

This book explores how restorative justice is used and what its potential benefits are in situations where the state has been either explicitly or implicitly involved in human rights abuses. Restorative justice is increasingly becoming a popular mechanism to respond to crime in democratic settings and while there is a burgeoning literature on these contexts, there is less information that focuses explicitly on its use in nations that have experienced protracted periods of conflict and oppression. This book interrogates both macro and micro utilisations of restorative justice, including truth commissions, criminal justice reform and the development of initiatives by communities and other non-state actors. The central premise is that the primary potential of restorative justice in responding to international crime should be viewed in terms of the lessons that it provides for problem-solving, rather than its traditional role as a mechanism or process to respond to conflict. Four values are put forward that should frame any restorative approach – engagement, empowerment, reintegration and transformation. It is thought that these values provide enough space for local actors to devise their own culturally relevant processes to achieve longstanding peace. This book will be of interest to those conducting research in the fields of restorative justice, transitional justice as well as criminology in general.

Richter ohne Gesetz

Islamische Paralleljustiz gefährdet unseren Rechtsstaat

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Author: Joachim Wagner

Publisher: Ullstein eBooks

ISBN: 3843701512

Category: Political Science

Page: 240

View: 1707

Muslimische Friedensrichter tragen keine Robe und haben keine juristische Ausbildung. Und doch sind sie Schlüsselfiguren einer islamischen Paralleljustiz, die das deutsche Rechtssystem zunehmend aushebelt. Gemeinsam mit deutschen Strafverteidigern setzen sie durch, dass Messerstecher, Betrüger und Mörder straflos bleiben. Polizei und Gerichte schauen den Machenschaften ohnmächtig zu. Joachim Wagner beschreibt spektakuläre Fälle und enthüllt, wie unsere Justiz vor einer fremden Rechtskultur kapituliert. Friedensrichter klingt nach einem ehrbaren Beruf. Doch unbemerkt von der Öffentlichkeit und sogar der Justiz hat sich in muslimisch geprägten Einwanderervierteln eine islamische Paralleljustiz etabliert. In den Verhandlungen zwischen den Täter- und Opferfamilien geht es oft alles andere als friedlich zu: Um Schulden einzutreiben oder die Gegenseite einzuschüchtern wird erpresst, geprügelt und geschossen und selbst mit Mord gedroht. Sind sich Täter und Opfer einig, wird die Strafjustiz massiv behindert. Richter erleben regelmäßig, dass sich Opfer und Zeugen schlagartig an nichts mehr erinnern, frühere Aussagen bagatellisieren oder Aussagen vor Gericht verweigern. Dadurch wird das Strafmonopol des deutschen Rechtsstaates systematisch unterlaufen. Joachim Wagner hat intensiv recherchiert. Er hat Strafakten analysiert und ausführlich Kriminalbeamte, Staatsanwälte, Richter, Strafverteidiger, Streitschlichter und Islamwissenschaftler interviewt. Sein Buch ist auch ein Justizkrimi, der in eine verborgene Welt führt: Es schildert die rätselhaften Rituale von Familien- und Stammesfehden und die Machtkämpfe von kriminellen arabischen und türkischen Clans.

Corrections, Peacemaking and Restorative Justice

Transforming Individuals and Institutions

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Author: Michael Braswell,John Fuller

Publisher: Routledge

ISBN: 1317523539

Category: Law

Page: 174

View: 9775

This book views peacemaking as a broad, encompassing process that is expressed in many different shapes and forms. It blends ancient-wisdom traditions, peacemaking criminology, and restorative justice principles as a way of intervening with offenders in both institutional and community-based settings. Philosophical and spiritual contexts for peacemaking are presented that form a foundation for understanding the potential for peacemaking in criminological thought, the criminal justice system, and society in general.

Accountability in Restorative Justice

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Author: Declan Roche

Publisher: Oxford University Press on Demand

ISBN: 9780199259359

Category: Law

Page: 316

View: 9412

Many countries have recently established restorative justice programmes, in which those affected by a crime attend meetings in the hope of achieving the ideals of reparation, reconciliation and reintegration. To answer concerns that these meetings may degenerate into 'kangaroo courts' in which participants bully and humiliate each other, this book draws upon extensive fieldwork to explore the nature, function and effectiveness of the accountability within this kind of informal justice.

Restorative Justice

International Perspectives

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Author: Burt Galaway,Joe Hudson

Publisher: N.A

ISBN: N.A

Category: Law

Page: 516

View: 918

This edited collection considers the theory, research and practice of restorative justice in Australia, New Zealand, the US, Canada, England and Wales, Japan and Germany. There is also one section dedicated to restorative justice practice among Indigenous peoples.

Youth offending and restorative justice

implementing reform in youth justice

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Author: Adam Crawford,Tim Newburn

Publisher: Willan Publishing

ISBN: N.A

Category: Law

Page: 264

View: 2152

This book explores the implications of recent changes made to the youth justice system in England and Wales. It focuses on the introduction of elements of restorative justice into the heart of the criminal justice system, and the implementation of referral orders and youth offender panels to explore wider issues about youth justice policy and the integration of restorative justice principles.It draws upon the findings of an in-depth study of the pilots established prior to the national roll-out of referral orders in April 2002.Essential reading for anyone with an interest in youth justice, the criminal justice system and restorative justice.

Restorative Justice in China

Comparing Theory and Practice

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Author: Xiaoyu Yuan

Publisher: Springer

ISBN: 3319639226

Category: Social Science

Page: 212

View: 9547

This book provides insights into the history, development, and practice of restorative justice methods in China. Traditionally in China, mediation has played an important role in criminal proceedings, which has many characteristics in common with the “Western” concept of restorative justice. Through case studies and theoretical examination, the author of this timely work aims to bridge the research on restorative justice models mainly developed in the West with restorative justice as practiced in China. After a Brief overview and introduction, the author compares and contrasts case studies of restorative justice-like practices from different districts in China. The author examines cases studies from several regions within China, and explores the key question: can the restoration model developed in the West take root in China, and if so what legal, cultural and societal accommodations may need to be made? This work will be of interest to researchers in Criminology and Criminal Justice, particularly with an interest in alternative justice practices, restorative justice, and international comparative criminology; as well as researchers interested in Chinese affairs or Asian Studies.

Informal Reckonings

Conflict Resolution in Mediation, Restorative Justice, and Reparations

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Author: Andrew Woolford,R.S. Ratner

Publisher: Routledge

ISBN: 113408711X

Category: Law

Page: 160

View: 9521

The 'reparational turn' in the field of law has resulted in the increased use of so-called 'informal' approaches to conflict resolution, including primarily the three mechanisms considered in this book: mediation, restorative justice and reparations. While proponents of these mechanisms have acclaimed their communicative and democratic promise, critics have charged that mediation, restorative justice and reparations all potentially serve as means for encouraging citizens to internalize and mimic the rationalities of governance. Indeed, the critics suggest that informal justice's supposed oppositional relationship to formal justice is, at base, a mutually reinforcing one, in which each system relies on the other for its effective operation, rather than the two being locked in a struggle for dominance. This book contributes to the discussion of the confluence of informal and formal justice by providing a clearer picture of the justice 'field' through the notion of the 'informal/formal justice complex.' This term, adapted from Garland and Sparks (2000), describes a cultural formation in which adversarial/punitive and conciliatory/restorative justice forms coexist in relative harmony despite their apparent contradictions. Situating this complex within the context of neoliberalism, this book identifies the points of rupture in the informal/formal justice complex to pinpoint how and where a truly alternative and 'transformative' justice (i.e. a justice that challenges and counters the hegemony of formal legal practices, opening the field of law to a broader array of actors and ideas) might be established through the tools of mediation, restorative justice and reparations.

Restorative Justice in India

Traditional Practice and Contemporary Applications

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Author: R. Thilagaraj,Jianhong Liu

Publisher: Springer

ISBN: 3319476599

Category: Social Science

Page: 198

View: 5070

This book systematically introduces the practice of restorative justice in India, as a resource for comparative criminal justice research. “Restorative justice” focuses on the rehabilitation of offenders through reconciliation with victims, and with the community at large. It has gained momentum as a justice reform movement in Western countries within the past three decades, and it is estimated that up to one hundred countries worldwide utilize restorative justice practices. Within Western countries, it is seen largely a response or alternative to the perceived deficiencies of the existing criminal justice system. India has a rich tradition of restorative justice, and this work introduces both the traditional basis and contemporary practices of this justice system in India, in a comprehensive and systematic way. The contributions to this work cover three main areas: I. The Tradition of Restorative Justice in India II. The Development of Restorative Justice in India III. Restorative Justice Practices in India The third part – “Practices” covers special topics: including Restorative Justice and the Court, Restorative Justice and Incarceration, Restorative Justice and Juveniles, and Restorative Justice and Woman. The book covers the full range of the issues of restorative justice in India and will be a highly valuable resource book for researchers and upper level graduate students interested in alternative justice models in general, comparative criminology, and criminal justice in India specifically. “A landmark volume in the history of restorative justice and criminology in India. Many outstanding scholars in this collection outline the Indian experience of restorative justice from which the world has much to learn.” John Braithwaite Australian National University

Restorative Justice on Trial

Pitfalls and Potentials of Victim-Offender Mediation — International Research Perspectives —

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Author: H. Messmer,H.U. Otto

Publisher: Springer Science & Business Media

ISBN: 9401580642

Category: Social Science

Page: 590

View: 6371

Victim-offender mediation schemes have experienced significant growth in the last decade. They are seen as an important and innovative alternative to the traditional sanctions of the criminal justice system. After a critical look at mediation schemes in the United States and Canada, most European countries have also increased their efforts to develop informal strategies to deal with deviant behavior. In terms of their legal and organizational base, it turns out that type, extent, and capacities for development are quite different in the individual countries -resulting in a remarkable diversity of programs with different outcomes. The contributions in this book are revised and edited versions of papers presented at the NATO Advanced Research Workshop Conflict, Crime and Reconciliation: The Organization of Welfare Intervention in the Field of Restitutive Justice in April 1991 at Il Ciocco, Italy. The chapters document the present stage of restorative justice in the individual countries, critically assess legal constraints and public needs, discuss the organizational requirements of implementation, and also evaluate outcomes in a broader context of crime and social policy. In the long run, this book should encourage further debates in the field of restorative justice and help build valid guidelines for an international evaluation research.

Beyond the wire

former prisoners and conflict transformation in Northern Ireland

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Author: Peter Shirlow,Kieran McEvoy

Publisher: Pluto Pr

ISBN: N.A

Category: Social Science

Page: 185

View: 2433

Analyses the positive role that former prisoners can have in reconstructing communities in the wake of internal conflict.

New Directions in Restorative Justice

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Author: Elizabeth Elliott,Robert Gordon,Professor of Theatre and Performance at Goldsmiths University of London Robert Gordon

Publisher: Routledge

ISBN: 1134018274

Category: LAW

Page: 336

View: 8000

This book addresses a number of key themes and developments in restorative justice, and is based on papers originally presented at the 6th International Conference on Restorative Justice in Vancouver. It is concerned with several new areas of practice within restorative justice, with sections on restorative justice and youth, aboriginal justice and restorative justice, victimization and restorative justice, and evaluating restorative justice. Contributors to the book are drawn from leading experts in the field from the UK, US, Europe, Canada, Australia and New Zealand.