- Showing 5 posts filed under: Theory [–] published between May 01, 2010 and May 31, 2010 [Show all]
It's time to make the punishment fit the white-collar crime
from the Nelson Mail (NZ) editorial:
....it's not easy to maintain a clear-eyed focus on justice.
Very few New Zealanders will feel that this is what happened when Blue Chip co-founder Mark Bryers entered the dock on Thursday to be sentenced on 34 charges. Most, and particularly the Blue Chip investors who have lost their nest eggs, will feel that his sentence was a perfect case of the "slap on the wrist with a wet bus ticket".
Post-adversarial and post-inquisitorial justice: Transcending traditional penological paradigms
from the paper by Arie Freiberg
Restorative justice in Europe faces many of the same challenges as it does in the common law jurisdictions. Despite its influence and popularity in academic circles, it is still of marginal importance in practice and deals with relatively few cases.
Blogging the Non-Adversarial Justice Conference
It is finally here – the first day of the sessions of the Non-Adversarial Justice: Implications for the Legal System and Society conference in Melbourne, Australia. After well over a year of work and planning for the conference we will see how it all turns out. It is exciting – seeing old friends from around the world, meeting new ones.
....Below I give some thoughts and highlights from the first day of the conference. I cannot hope to be comprehensive. Some of the papers will be published by Monash University Law Review next year and will thereby be more easily accessible.
Proposed "three strikes" legislation in New Zealand
In recent months, the three strikes legislation has created concern across the political and ideological spectrum. The Maxim Institute, sponsored a speaking tour by Professor Warren Brookbanks and Senior Lecturer Richard Ekins of Auckland University. They also published an excellent report setting out the facts about the three strikes legislation.
....Brookbanks and Ekins report “Criminal Injustice and the Three Strikes Law” considers the legislation is both wrong and unjust for the following reasons:
Justice, reconciliation and peacebuilding: Seen through African eyes
In 2000 the Catholic Diocese of Damongo in collaboration with the Catholic Relief Services started a peace project to build local capacity for justice-building, reconciliation and peace-building. In the course of my work I had to deal with the issue of the relevance of a Western style peace-building in African conflicts. Why not use the African traditional systems of conflict resolution? Implicit in these statements is the assumption that the Western style is foreign and in effective. African traditional systems work better in an African setting. African conflicts, African solutions. At the international level, indigenous and traditional practices of peace-building are regarded as unaccountable, opague and contradictory to the “enlightened” intentions of Western form of peacebuilding (liberal Peace) and internationally sponsored post war reconstruction efforts.