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Using restorative justice at the pre-sentence stage of the criminal justice process
From the article by Ian Marder on TransConflict:
Restorative justice is a form of conflict resolution in which those harmed by crime or conflict, and those responsible for the harm, are brought together into communication, enabling everyone affected by a particular incident to play a part in repairing the harm and finding a positive way forward. The restorative justice movement is making waves in schools, community services, post-conflict societies, criminal justice processes and housing and care settings around the world, and the effectiveness of using restorative practices to resolve conflicts in these contexts is increasingly being recognised, leading to its underpinning in national and international legal frameworks.
Restorative justice can be conducted safely and effectively at all parts of the criminal justice process, but there are certain advantages which are specific to its use at the pre-sentence stage. This includes, for example, its ability to inform the sentencing decisions of magistrates and judges by giving them an additional opportunity to learn about the state of mind, character and level of contrition of the offender, ultimately leading to a better targeted and more responsive use of criminal justice interventions. Moreover, allowing for restorative justice at this point affords those involved in an incident the chance to resolve the conflict themselves with minimal state intervention.
Jun 17, 2013 Court, Diversion, Country:England&Wales
Restorative Justice 'can be justified' in serious cases
from the article by Jack Sommers in Police Oracle:
Frontline officers have a judgement call to make when deciding whether victims of more serious offences would benefit from Restorative Justice (RJ) rather than a prosecution, a senior officer has said.
ACC Garry Shewan, who leads on justice and community resolutions for the Association of Chief Police Officers (ACPO), said there was not a “simple formula” and there was no prescribed list of offences for which Restorative Justice could be used.
May 08, 2013 Country:England&Wales, Diversion, Case:Violence, Region: Europe, Police
Restorative interventions needed for 97% cases where defendants plead guilt
from the entry by Lorenn Walker on Restorative Justice & Other Public Health Approaches for Healing:
Not Guilty: Are the Acquitted Innocent? is an excellent new book by Dan Givelber, Northeastern Law School professor, and Amy Farrell Northeastern Criminal Justice School professor.
In this easy to read book, the authors provide valuable information and insights into how judges and juries behave, and how understanding acquittals better (acquittals occur once in every 100 cases) could improve our justice system....
May 07, 2013 Diversion, Book Review, Prison
Restorative justice scheme for young offenders proving to be a success for Cleveland Police
from the article by Graeme Hetherington in The Northern Echo:
A scheme giving young first time offenders the chance to learn from their mistakes is proving to be a success just a fortnight after it was launched.
Cleveland Police’s restorative justice project enables the victims of crime to have a greater say over the punishment of youngsters caught offending.
Apr 25, 2013 Police, Diversion, Country:England&Wales, Region:Europe
Former Supreme Court Chief Justice Marsha Ternus talks restorative justice
from the interview with Kelly Pyzik for Scarlet & Black:
....First, could you tell me a little bit about the short course you taught at Grinnell the past two weeks?
The purpose of the course was to introduce students to the principles of restorative justice and their historical roots, to discuss current restorative justice programs and applications of restorative principles and to compare how our country currently addresses conflict and wrongdoing with how we might address those matters using a more restorative approach.
Apr 23, 2013 Court, Diversion, Prison, Judge, Country:USA
Using restorative justice at the pre-sentence stage of the criminal justice process
from the article by Ian Marder in TransConflict:
....This process is similar in many respects to that envisaged by Schedule 15(2) of the Crime and Courts Bill, currently making its way through the British Parliament, which specifies that the judiciary in England and Wales may “defer the passing of sentence to allow for restorative justice”. Deferred sentencing, as outlined originally in s.22 of the 1972 Criminal Justice Act, enables the Courts to consider the conduct of an offender post-conviction, but prior to sentencing. Following recommendations to expand its use in the 2001 Review of the Sentencing Framework, deferred sentencing appeared most recently in law under Schedule 23 of the 2003 Criminal Justice Act, which extended the definition of the word “conduct” and outlined a variety of requirements which the Courts can order of an offender whose sentence has been deferred.
Apr 19, 2013 Diversion, Country:England&Wales, Region: Europe, Prison
Police use of court alternatives for young persons in New South Wales
from the study by Clare Ringland and Nadine Smith in Crime and Justice Bulletin:
Through the use of warnings, cautions and conferences instead of court proceedings, the [Young Offenders Act (YOA)] established procedures for dealing efficiently and directly with children who commit certain offences. Previously reported statistics suggested that diversionary options for young persons have not been used uniformly and equitably across the State. The purpose of the current study was to measure the level of variation across [NSW Police Force’s Local Area Commands (LACs)] in the proportion of young persons diverted from court, after adjusting for factors police must or can take into account when considering whether to deal with a young person via a caution or a conference.
Mar 15, 2013 Region: Pacific, Country:Australia, Indigenous, Diversion, Police
Youth Justice Conferences versus Children’s Court: A comparison of cost-effectiveness
from the article by Andrew Webber in Crime and Justice Bulletin:
Aim: To compare the cost-effectiveness of Youth Justice Conferences (YJCs) to matters eligible for YJCs but dealt with in the Children’s Court.
Method: The costs for Police, Legal Aid, Children’s Court, Juvenile Justice YJC administration and Juvenile Justice administration of court orders were separately estimated using a combination of top-down and bottom-up costing methods.
These were combined with data from matched samples of young people who were to be dealt with by a YJC and young people who could have been dealt with by a YJC but instead were dealt with in the Children’s Court in 2007 in order to estimate average costs per person for each process.
Nov 30, 2012 Court, Support, Country:Australia, Report, Diversion, Policy, Region: Pacific, Evaluation
Victims of Crime Reform Bill to increase RJ referrals
from the article by John Delaney on Restorative Justice Trust:
The Victims of Crime Reform Bill will soon return for its second reading in the House. The Bill introduces a package of measures that are aimed at strengthening existing legislation to better provide for the needs of victims of crime.
Of significance for restorative justice providers is the proposal to increase the number of cases referred to restorative justice. This is in recognition of the domestic and international research showing extremely high levels of satisfaction amongst victims who go through the RJ process.
Oct 25, 2012 Region: Pacific, Diversion, System, Country:New Zealand, Victim, Court
Dalhousie offers restorative justice option for students
from the article on updatednews.ca:
Dalhousie University students who end up in trouble with the law now have a way to try to right the wrong without having to go to court.
The University, police and the province’s Justice Department have set up a restorative justice program just for students of the school. It’s the first program of its kind for university students in Canada.
Oct 11, 2012 School, Court, Policy, Diversion, Region: North America and Caribbean, Country:Canada
