Restorative justice: What's old is new again
....One alternative gaining traction is Restorative Justice (RJ). RJ is a theory of justice that emphasizes repairing the harm caused by criminal behavior. It is best accomplished when the parties meet face-to-face to establish a plan of accountability and reconciliation. A meaningful RJ effort can transform people, relationships and communities.
RJ views criminal acts more comprehensively-rather than defining crime simply as law breaking; it recognizes that offenders harm victims, communities and even themselves.
Widening the circle: Can peacemaking work outside of tribal communities?
....This report was originally written as a guide for participants in the roundtable but raises practical questions for anyone interested in adapting peacemaking to non-tribal settings. After providing an overview of peacemaking, the paper outlines key issues jurisdictions will most likely want to consider during planning and implementation....
from the post by Virago on KiwiBiker forum:
This makes for some interesting reading: http://aranakenny.blogspot.co.nz/
It's worthwhile clicking through some of the links to get all the details, but in a nutshell:
A Victoria University employee, doing caretaking and security work, steals a student's cellphone while working. Seven months later, the victim tracks the phone down using smart-phone technology, and hands the evidence to the police. The culprit is arrested and charged, and he admits the theft.
Restorative justice and transformative justice: Definitions and debates
When it comes to defining RJ, it seems as if the only consensus is that there is no consistent definition. In an attempt to broadly define the concept, Braithwaite writes that “restorative justice is a process where all the stakeholders affected by an injustice have an opportunity to discuss how they have been affected by the injustice and to decide what should be done to repair the harm.” That is, since crime hurts, it should also have a chance to heal.
Restorative justice could help military veterans suffering from moral injuries
….Neal Conan National Public Radio (NPR) commentator sums up the difference between moral injury and PTSD nicely: “Whether you call it battle fatigue or shell shock or PTSD, we’ve come to accept that the trauma of combat can leave profound psychological scars. But how do you describe the damage from actions that violate one’s values, but don’t involve trauma, injury from horrific scenes that betray core moral beliefs?” Conan interviewed Marine Tyler Boudeau, and psychiatrist Jonathan Shay who’s worked with veterans for over 20 years in addressing this important question.
After treating soldiers like Tyler, Shay said he coined the term moral injury “from the story that the great ancient poet Homer tells of Achilles in “The Iliad.” That is the story of moral injury and the terrible consequences of it.”
Review: Crime, Punishment, and Restorative Justice: From the Margins to the Mainstream.
by Eric Assur
This is a unique and thought-provoking book from cover to cover. It is not a review of the brief history of restorative justice (RJ). Rather, it is a projection of just where RJ can take the discipline of criminal justice administration and practice. The author, not your usual academic, dissuades the reader from even using the word paradigm in discussing his ideas. He proposes and supports an integration of contemporary criminal justice approaches with restorative justice elements.
Restorative justice for making plea bargains
....Putting aside any “forgiveness controversy,” Tullis’s article made an important contribution by describing how restorative justice can be used at the plea agreement stage of a murder case, by “vividly tell[ing] the story from the perspectives of the different parties that took part in the process” as pointed out by Hadar Aviram, law professor at the University of California Hastings College of Law in San Francisco.
After a death, a time for restorative justice?
An interview with restorative justice advocate, Sujatha Baliga.
Imagine victim and offender sitting across from each other in a small room containing a circle of chairs. There are no bailiffs or guards, just two people, maybe a lawyer and some family members, talking. They discuss ways to right old wrongs that allow both parties to move forward after a crime.
It may sounds like a fantasy, but Sujatha Baliga, who heads the Restorative Justice Project at the National Council on Crime and Delinquency, says the practice works, even with the most severe crimes.
Healing memory, ontological intimacy, and U.S. imprisonment: Toward a Christian politics of "good punishment" in civil society
....Christian moral theology focused on criminal justice contributes to society by imagining and translating something of the “peaceable” virtues of “good punishment” into better state-sponsored practices of criminal justice.
I hope to persuade civil authorities and the public to pursue forms of criminal sanction that do not function under the alienating spell of retribution as the primary purposeful aim of punishment. For the past several years, I have been developing and refining a theological ethics of good punishment most significantly by way of a reconstructive critique of Stanley Hauerwas’s theological ethics of punishment.
Restorative justice, globalisation and the logic of empire
from the chapter by Chris Cunneen in Borders and Transnational Crime:
At the beginning of this century, restorative justice had come to receive a relatively high degree of acceptance in many jurisdictions. By 2002 it found its way onto the United Nations (UN) agenda, when the Economic and Social Council adopted the Basic Principles on the Use of Restorative Justice Programs in Criminal Matters. Restorative justice increasingly appeared to be the answer to a range of crime control problems, ranging from local issues like juvenile offending to international crimes and human rights abuses in transitional societies.
For problems as diverse as child misbehaviour at school and ethnic cleansing and genocide, restorative justice was seen to offer a viable strategy both for satisfying victim needs and for reintegrating offenders. From seemingly humble beginnings as a localized justice strategy to taking a place on the UN’s agenda, restorative justice appeared as an alternative to retributive justice.