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White Collar Crime

Restorative justice and white collar crime victims and perpetrators.

Penal Reform International. Pratique de la Prison: do bon usage des regles penitentiaires internationales
abstract unavailable
Editor. A Model for Good Prison Farm Management in Africa
In most prison services throughout Africa, the main expense aside from staff salaries is food for the prison ration which is invariably purchased from outside contractors. The funds allocated for these rations are often only sufficient for one meal per day which is inadequate both in terms of quantity and quality. Again, most prison services in Africa have access to substantial areas of land, but this land is either unproductive or under-producing. Farm managers are constrained by lack of resources. If Prisons come low down the list of government spending priorities, Farms appear low down the list of Prison budgeting priorities. This document provides a framework for Prison Services to consider in seeking ways to improve productivity in their prison farms that are: cost-effective; sustainable; and rights-based. The framework is drawn from farming and management practices in eastern and southern Africa and PRI's experience on the continent. It is not a blueprint, but illustrative of what can be done to maximise profitability with scarce resources. (excerpt)
Pemberton, Antony. Private Versus Public Features of Restorative Justice: The Cases of Terrorism and Intimate Partner Violence
This paper makes three points. First of all it will discuss some main issues whereby the private and public functions of victim-offender encounters may be at odds with each other and will question the wisdom of striving to meet both these functions at the same time, in particular in the case of more serious and violent offences. Like Van Stokkom’s paper the effects of apologies will be discussed. That will in the second place lead the presenter to assert that in these cases it may be preferable to view restorative justice as a complement to criminal justice rather than an alternative. Thirdly the discussion of the public and private features of restorative justice may be furthered by examining different crime contexts that have inherently public or private features. In the final section of the presentation the presenter will reflect first on terrorist acts, which have a highly public dimension, due to the fact that the act was committed to scare, frighten or threaten a wider audience rather than the direct victim. Second it will discuss the issue of intimate partner violence, which by contrast has more private features. The presenter will contend that these differences in crime contexts should also affect the positioning and structuring of restorative justice procedures in general, but in particular their relationship to its public and private features. (excerpt)
Miers, David and et al. Polish Restorative justice and practice in Poland and Britain: Report of a British and Polish Academies' exchange initiative (International Co-operation on the Implementation of Restorative Justice in Poland and Great Britain).
This Report has been compiled from the activities that have been organised as part of a three-year project funded by the British Academy and the Polish Academy of Sciences. Its purpose is to exchange information and experience about the use and effects of restorative justice and victim-offender mediation for both adult and juvenile offending. The Report includes reflections on Polish practice, and papers given by Polish and British experts. It is intended to inform colleagues (in whatever capacity) working with restorative justice and victim offender mediation of developments within Poland and Great Britain. The project is set in the broader context of the various European developments that have taken place over the past decade. Articles 10 and 17 of The European Union’s Framework Decision on the Standing of Victims in Criminal Proceedings, which oblige Member States to adapt their legislation in order to promote victim-offender mediation by March 2006, is of particular relevance. The Polish criminal justice system’s responses to crime are, in the case of restorative justice interventions, less well developed than in Great Britain. From the Polish perspective, the principal objective of this research proposal is to gather information about the design and delivery of such interventions for the purpose of informing their own initiatives.
Umbreit, Mark S and Coates, Robert B and Vos, Betty. The Impact of Victim-Offender Mediation: Two Decades of Research.
Innovation and reform in criminal justice often suggest more than they deliver. Sometimes an innovation is new more in name than in underlying program values and content, and sometimes a reform is embraced with enthusiasm but without scrutiny. As one of the oldest and most widely used expressions of restorative justice around the world, victim-offender mediation (VOM) has exhibited both of these traits at times and in places. Nevertheless, VOM is, the authors assert, one of the most empirically grounded of emerging justice interventions. Against this background, the authors offer an overview of thirty eight empirical studies designed to assess the growth, implementation, and impact of VOM programs. Umbreit, Coates, and Vos summarize and comment upon the research results with particular attention to client satisfaction, fairness, restitution, diversion, recidivism, cost, and VOM and violent crimes.
Joseph, Wanda. Restorative Justice: A Report from El Salvador.
With the support of a mini-grant from the Victim Offender Mediation Association, I traveled to Salvador with the SHARE Foundation for eight days at th ened of March 2005. The focus of the Share delegation was the commemoration of the 25th anniversary of the assassination of Archbishop Oscar Romero. SHARE Fondation has worked in El Salvador since 1981, accompanying and supporting the people as they fled the death squads and providing spiritual, physical and financial support as they rebuilt their lives and communities after the war. They continue the work to help communities find means to reclaim basic human rights, fundamental civil liberties, and degraded environments. (excerpts)
Forget, Marc. Restorative justice in prisons: An evolution from Victim Offender Mediation in 1998, to a restorative prison wing in 2001, to a holistic, multi-sector project in 2004.
The three projects that are highlighted in this presentation were selected because they represent a very broad spectrum of restorative approaches applied to the prison environment. Each of these 3 projects is in a different phase of implementation. The first project is the oldest (1998), and provides a lot of evaluative data; the second project has been operating for 4 years and is currently undergoing its fist evaluation; the third project is the newest, and not all aspects of its programs have been implemented yet. (excerpt)
Wootton, Lindy and Liebmann, Marian. Restorative justice in Bristol prison.
This workshop briefly outlines the work of the HMP Bristol Restorative Justice Project, with particular focus on the issues raised by work in prisons. The HMP Bristol Restorative Justice Project (RJP) was a year-long pilot project that ran from April 2003 until March 2004. At the time HMP Bristol was a Category A (the most secure rating) local prison for men. The RJP employed one member of staff, and its remit was to: • Introduce the principles of restorative justice to the prison, in collaboration with community agencies. • To deliver an ‘enhanced’ victim contact service. • To design and implement victim impact group work programmes and individual work with prisoners. (excerpt)
Newell, Tim. Restorative Justice in the prison setting.
Applying the principles of Restorative Justice in a custodial setting call for sensitivity and courage. There are several ways in which it has been applied from restorative programmes - such as conferences and victim offender mediation or therapeutic communities - to partly restorative work such as community work projects and resettlement work. The restorative focus is on those most directly affected by a crime, and RJ’s problem-solving and future-oriented methods make it an ideal complement to the work of prisons, addressing some typical dilemmas of each theory of criminal justice, which are listed in this article. Newell defines the main limitations of prisons that impede their capacity for restorative work and also lists some of the obvious areas for restorative approaches in prisons. The potential for restorative justice in prisons is considerable. It should not be seen primarily as a tool towards reducing recidivism, but as a means towards empowering offenders to take responsibility for their actions and to make amends to their victims and their communities. Guided by RJ, prisons can become true places of healing and transformation for the community as well as those directly affected by crime – victims and offenders.
Fisher, Richard and Heffernan, Felicity and Verry, John. Restorative Justice Approaches in the Context of Environmental Prosecution.
Punishment of environmental "crimes" differs from other prosecuted offenses, because the harm done is often irreparable, and because there is often no victim, in the ordinary sense of criminal justice. Consequently, statutory enforcement mechanisms must be flexible, proactive, and arguably more preventive than punitive. Relatively new "green" sentencing options in Australia, for example, include restoration or enhancement of the environment in public places, as well as other creative punishments, including environmental audits of company activities, publication of the offense, and a requirement for notification in company annual reports. In this study, we examine the applicability of a restorative justice approach to environmental offenses under New Zealand's Resource Management Act 1991. The benefits of “restorative justiceâ€? and “diversionâ€? schemes are discussed, as these have been applied by one New Zealand district council. It suggests that a restorative justice approach may offer useful, additional discretion to local authorities when prioritising the resource-intense effort required to successfully prosecute environmental offenses as the means for re-dressing the damage to the environment. (Author's Abstract).
Gustafson, Dave. Exploring Treatment and Trauma Recovery Implications of Facilitating Victim Offender Encounters in Crimes of Severe Violence: Lessons from the Canadian Experience.
This chapter first describes research undertaken in 1989 with victims/survivors and inmates that led to the development of the program. A case study that involves an adult male survivor of child sexual abuse illustrates the process and the healing outcomes for this survivor, for the members of his family, and for the offender. Some of the issues raised by the case are explored, notably the nature of trauma and how guided communication between victims, offenders, and other involved parties can assist recovery. The presentation of the case study is followed by a review of the history of the program. There is growing evidence of the therapeutic impact of victim-offender mediation upon the participants. Victims often report that the mediation experience has helped in their recovery from trauma, including a diminishing of severe symptoms of posttraumatic stress disorder (PTSD). Participating offenders have also described the mediation process as healing. Therapists and prison program facilitators have reported observing significant increases in victim empathy and a commitment to relapse prevention in offenders who have participated. Other jurisdictions are implementing similar programs with technical assistance from FRCJIA staff. The first 15 years of the program have continued to show the value of mediation in helping to heal the harms caused by violent offenses. Well-conceived victim-offender dialog models, especially when informed by trauma recovery and offender treatment research, are apparently effective in bringing positive outcomes even for cases of violent crimes. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov.
Toews, Barb. A Body in Motion.
A Body in Motion is a play that was prisoner requested in the State Correctional Institution at Graterford, one of Pennsylvania’s largest prisons. Prisoners familiar with Howard Zehr’s book, Transcending: Reflections of Crime Victims, asked the Pennsylvania Prison Society and its Restorative Justice Program to bring the play to their prison. This expanded to a tour of eight state prisons and seven community-based sites in April and May 2004. Through project goals, partnership and process, and audience care, the tour offered a new application of these restorative elements. This article focuses primarily on the prison aspects of the play tour.
McElrea, F W M. The Role of Restorative Justice in RMA Prosecutions.
I was a great surprise but a very great privilege to be this lecture to the RMLA Auckland branch members earlier this year. The topic is certainly one of real interest to me, and I hope it will prove of value to you. With the agreement of Principal Environment Court Judge Bollard I have been encouraging the use of restorative justice processes in a few RMA cases. Two have been completed and others are in the pipeline either here or in the Waikato. There is the potential for a greatly increased use of this approach.(excerpt)
International Centre for Criminal Law Reform and Criminal Justice Policy. Workshop 2: Enhancing Criminal Justice Reform, Including Restorative Justice.
This background paper for a workshop on enhancing criminal justice reform (workshop at the 11th United Nations Congress on Crime Prevention and Criminal Justice, April 18-25, 2005, in Bangkok) discusses priorities for criminal justice reform and opportunities for the effective enhancement of criminal justice, followed by recommendations for consideration by workshop participants. An introductory section considers pressures on criminal justice systems to adapt to new conditions, including serious forms of transnational crime that require international cooperation; demands for access to justice; and the growing influence of restorative justice principles on criminal justice institutions. The paper's second section outlines priorities for criminal justice reform. These include the criminal justice system's interaction with diverse populations, such as women, children, the elderly, ethnic and cultural minorities, and people with disabilities; the protection of population groups vulnerable to criminal victimization; sentencing and correctional alternatives to imprisonment; and the incorporation of international standards and resources in priorities and designs for reform. The third section of the paper identifies and discusses opportunities for the effective enhancement of criminal justice. Among the eight areas of opportunity addressed are integrated and comprehensive reforms, regional and international coordination in reform efforts, the involvement of community and nongovernmental institutions in criminal justice reforms, and the monitoring and evaluation of criminal justice practices. Thirteen recommendations are offered as guidance for criminal justice reforms. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.org.
Delattre, Gerd. Dialogue with the Public - A Neglected Element of Restorative Justice?
The results of the empirical research on success and acceptance of restorative justice are better than expected, but they are not taken into account and are not implemented adequately by the legal practitioners. Due to the internal perspective and the fact that referrals are dependent on legal practitioners, the full potential concerning application and efficiency of restorative justice cannot be tapped satisfactorily. The dialogue with the public is a neglected element in the development of restorative justice and has to be intensified. Those affected by crimes should be informed very early about the possibility of out-of-court conflict settlements and reparation. It is important to take increased efforts to establish agreeable offers of conflict settlements which are at the same time top-quality and within close range. Apart from informing the general public via various media, the extension of a network with new cooperation partners (schools, police, district offices, quarter mangers, church communities, priest, doctors, crisis line, victim support, crime prevention organisations) is of vital importance. (excerpt)
Ouellette, Melissa. Who Owns Restorative Justice? Exploratory Interviews with Restorative Justice Practitioners
Restorative justice challenges the notion that the effects of crime can only be resolved by professionals, and represents a shift in power away from state control to community control of justice issues. As a different way of doing justice vying for a place in relation to the mainstream justice system, tensions exist between theory and practice. Face-to-face, semi-structured interviews with people who occupy various roles in the field of restorative justice in the Lower Mainland explored how different actors see the tensions being addressed, exacerbated and/or resolved. The sources of tension included questions regarding (1) what is classified as restorative justice and if standards should be adopted; (2) who gets to provide restorative services; (3) which service providers get to take which types of cases and at what stage in the justice process, and (4) the lack of adequate, stable sources of funding for restorative justice programs. Author's abstract.
Bender, Valerie R. Victim/Community Awarness: An Orientation for Juveniles
The curriculum is designed for a group with a maximum of 15 offenders, and the 3 sessions of the curriculum encompass 3 to 4 hours. The first session is an introductory session that involves welcoming participants and group introduction, the administering of a pretest, the presentation of a group contract for behavior within the group, and an overview of balanced and restorative justice. The second session focuses on the impact of crime. In this session, group participants engage in role-playing as a crime victim or someone in the community who must deal with the aftermath of a crime described by the group facilitator. Each group member is assigned a role to play that involves thought about the kinds of feelings the character might have. The third session builds upon the second session by having each group member describe in detail the offense he/she committed, followed by a description of how his/her offense affected the victim and community. Group members may ask questions and provide feedback regarding the impact of each member's offense. Part of this session is having group members compose an apology letter to their victims and to the community. Materials for each session are provided, along with guidance for the facilitator. A section on information and resources includes a victim/community awareness completion report, a victim impact statement, guidelines for assessing offender accountability, suggested readings, and descriptions of victim-awareness video clips. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.
Szmania, Susan Jennifer. Victim Offender Mediation Media Coverage Has Both Potential and Pitfalls
Restorative justice initiatives such victim offender mediation (VOM) programs are currently enjoying increased national media attention. In the past year, several magazines and television and radio talk shows have devoted space to restorative justice programs. The journalist Jan Goodwin, for example, has published articles on victim offender mediation in the April 2004 issue of O Magazine and in the May 2004 issue of Marie Claire magazine. On television, coverage has appeared on The Oprah Winfrey Show in November 2004 and on The Larry King Show in January 2005. Online discussions have also been held, such as one on Oprah’s discussion board (oprah.com). For advocates of restorative justice, this national media attention is exciting. It not only raises public awareness about restorative justice, but it also opens doors for sources of much-needed funding for new and existing programs. However, this increased media attention requires more scrutiny of how VOM is presented because of the misconceptions that may be inadvertently promoted through the media spotlight. To illustrate the potentials and pitfalls of media involvement in VOM, this article looks at three recent VOM television and online presentations. These sources include The Oprah Winfrey Show entitled. “Coming Face to Face with Your Attackerâ€? from October 25, 2004 on the topic of restorative justice, the Oprah After the Show program that subsequently aired the question and answer session following the main program on a cable television channel, and the oprah.com discussion board in response to the television show. (excerpt)
Cyr, Katie and Wemmers, Jo-Anne. Victims' Perspectives on Restorative Justice: How Much Involvement are Victims Looking For?
Under the Criminal Code of Canada, the crime victim is relegated to the role of witness to a crime against the state. Due to concerns over the possible threat to the rights of the accused, victim vindictiveness and sentencing severity, victim participation in the criminal justice system has been met with resistance. In relation to restorative justice, while victims are clearly considered to be parties with a stake in the offense, victim satisfaction is not always a goal of restorative justice. This leads to the possibility of restorative justice programs being insensitive to the needs of crime victims, thereby placing an additional burden on the victim. This paper presents data from a study of 56 victims of crime who participated in a victim-offender mediation program in Montreal, Canada and presents an understanding of the role that victims prefer to play in the criminal justice process. The data suggest that the majority of victims are well aware of the risk of introducing arbitrariness into sentencing if victims are granted decisionmaking power. Most victims are clear that while they want input, they are content to leave decision control in the hands of authorities. Victims seem to want recognition. They want to have a voice in the criminal justice process. Victims want a voice that will be heard, but where they won’t bear the burden of decisionmaking power. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.
Zemlyanska, Vira and Koval, Roman. Introducing Restorative Justice in the Ukrainian Justice System
The Ukrainian Centre for Common Ground is a non-governmental organization working to build capacity for constructive conflict resolution. Since 2003, it has been engaged in an initiative to introduce restorative justice into the Ukrainian justice system. The project includes training mediators in victim offender mediation and policy makers in restorative justice. Roman Koval and Vira Zemlyanska provide this update on the project's progress.

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