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Provides articles discussing restorative justice advancements in Asia. Articles appear in the order in which they were added to the site with the most recent appearing first.
Gray, Patricia. Community corrections and the experiences of young male offenders in the Hong Kong youth justice system
In this article, Gray compares and contrasts England and Hong Kong in terms of "deinstitutionalization" and "decarceration" in youth justice policies. Because of legal changes, the number of juvenile offenders sentenced to custody fell noticeably in England in the 1980s and early 1990s. In contrast, and despite the influence of English legislation and policies, large numbers of juvenile and young adult male offenders continue to be placed in residential and custodial institutions in Hong Kong. To explore this situation, Gray looks at the following subjects: deinstitutionalization, decarceration, and the collapse of the rehabilitative ideal in the West; the concept of rehabilitation in Hong Kong; prospects for a developmental approach to youth justice in Hong Kong; and possible paths to community-based rehabilitation programs within the cultural context of Hong Kong.
Bagh, Prem. The Church and peace
In this paper Prem Bagh contends that the Church in India is called to be an agent of peace and reconciliation. To support his contention, he surveys various conflicts besetting India: religious; class; the upsurge of subaltern groups; and gender. Theological perspectives relevant to conflict and peace are examined in relation to the mission of the Church. In view of India’s situation and the Church’s mission, the author proposes steps the Church in India should take to promote peace.
Bianchi, H. Justice as Sanctuary: Toward a New System of Crime Control.
Bianchi suggests a non-punitive system of controlling criminality based on principles of conflict resolution. Current criminal law is alienating or anomic; eunomic system emphasizes the active responsibility of involved parties, and redefines conflict away from the criminal and society to the accused and victim or plaintiff. When agreement is reached, public prosecution should be withdrawn. The present system's results in repression; an assensus model permits conflict resolution. Sanctuaries are proposed to replace jails, to facilitate dispute settlement and to protect the public in very violent crimes. The practical feasibility of a eunomic crime control system is discussed.
R. Quinney and Pepinsky, Hal.. Criminology as Peacemaking.
An anthology includes 20 essays and reviews on the emerging criminology of peacemaking. The peacemaking perspective seeks to alleviate suffering and thereby reduce crime. Peacemaking criminology envisions human transformation in the achievement of peace and justice, Feminist Peacemaking Traditions and Women's Experience, and Critical Peacemaking Traditions.
Pepinsky, Hal.. The Geometry of Violence and Democracy.
A theoretical essay radically reconceptualizes the crime problem, shifting the emphasis from how offenders behave to how people's motives interact and from a distinct social problem to an inseparable part of the problem of how to make peace instead of war. Drawing from chaos theory and other sources outside social science, crime and punishment are conceptualized as synonymous forms of a larger violence, which rises and falls as systems of power are concentrated and dissipated. The antithesis of violence is a realm of interaction: democracy: where people do not feel violated and are not perceived as engaging in violence. The only path away from crime and violence is to substitute democratic interaction for them.
Knopp, F. H. Community Solutions to Sexual Violence: Feminist/Abolitionist Perspectives
Based upon her personal 50 year struggle as a Quaker feminist and prison abolitionist, Knopp calls for the reform of the oppressive forces and institutions of patriarchy and punishment. A social-change process is outlined and issues involving areas of conflict between the pursuit of safety and the pursuit of justice with nonoppressive remedies are considered. Finally the primary themes and components of a community-organizing model for reducing and controlling sexual violence is presented, including perpetrator prevention education, victim survivor prevention, and offender restoration.
Immarigeon, Russ. Beyond the Fear of Crime: Reconciliation as the Basis for Criminal Justice Policy
Rehabilitation has been replaced by retribution as the dominant paradigm for criminal justice intervention in the United States during the last two decades. This paper presents a different perspective on different approach, restitution and reconciliation, which is seen as a growing in popularity. Research suggests these approaches are more effective than current repressive measures. The author argues for Christie's view of conflicts as property, and calls for increased criminological attention to victim's involvement as part of a larger peacemaking criminology. Five case studies are presented.
Harris, M. K. Moving into the New Millennium: Toward a Feminist Vision of Justice
Compares traditional criminal justice reform efforts and current trends toward more of the same. Harris calls for a new approach, consistent with values of feminism. It is suggested that feminism offers a set of values, beliefs and experiences useful to turn us away from war making policies against crime. The author questions whether criminal punishment is an appropriate or constructive response. Empowerment approaches would refuse to return evil with evil or allow punishment to be both the means and ends of justice.
Haley, John O. "Crime Prevention through Restorative Justice: Lessons from Japan."
This essay considers some restorative features of the Japanese criminal justice system. Japan is the only industrialized country, other than Korea, in which crime rates during the past half century have declined. This may be because Japanese officials and culture reinforce values of confession, repentance, forgiveness, and leniency. The Japanese approach is not fully explained by cultural differences with Western societies; the values of confession, repentance, and forgiveness are also found in Western cultures. However, Western legal institutions tend to ignore these values and, instead, reinforce demands for retribution and revenge.
Cordella, J.. Reconciliation and the Mutualist Model of Community.
This paper presents a mutualist model of community which views conflict as a weakening of communion among its members and implies a need for restoration to full communion. Reconciliation is presented as an alternative to punishment. The early Christian Church is evaluated as a mutualist blueprint. Mennonite theology and Hutterite communities are presented as modern versions of mutualism guided by the central rule of agape with very little reliance on legality. A social change model of reconciliation is then presented as the alternative to libertarianism, revolution and reform movements for implementing social change.
Chattoraj, B N. Ways and means for enhancing the aftercare and rehabilitative programmes for released offenders: An Indian perspective
Chattoraj maintains that the ultimate objective of corrections is the rehabilitation of offenders into the mainstream of social life. Aftercare is a vital necessity in this process. In this paper Chattoraj offers pragmatic and workable suggestions for enhancing aftercare and rehabilitative services for released inmates in India. His paper includes a survey of the origin and development of aftercare in India, findings from research into the state of aftercare, discussion of issues concerning that situation, and recommendations for future directions for aftercare in India.
Lee, Sang Gyoo. "The role of Korean Church for the conflict transformation and peaceful unification of Korean peninsula."
Lee points to the tension between North Korea and South Korea and its connection to global tension. Correspondingly, he asserts that the advancement of peace on the Korean peninsula would further world peace as well. A sketch of the historical background to the North-South division and a description of the current North-South confrontation support his points. In this context, Lee focuses on the role churches in South Korea can play in transforming this conflict and on the challenges to peace theology.
Ruth-Heffelbower, Duane. "Reconciling injustices – A process for Indonesia."
In this essay, Ruth-Heffelbower explains restorative justice for a Muslim audience and proposes a process for reconciliation in response to the conflicts in Indonesia. He sketches the recent history of violence in Indonesia. This leads to a review of the history and theory of restorative justice in North America, Europe, and Asia-Pacific, as well as a diagram and model for peacemaking amidst conflict. The last part of the essay covers Ruth-Heffelbower’s proposals for applying that model to Indonesia.
Muladi. The prospect of alternative sanctions in Indonesia
In looking at the prospects for alternative sanctions in Indonesia, Muladi notes the growing attention in criminology to community-based alternatives to incarceration. Muladi focuses on alternative sanctions intended to satisfy the same goals as custodial sentences, not alternative sanctions with alternative goals (a more radical approach, as he states). This leads to a review of the history of alternatives to custodial sentences in Indonesia and of the advantages of alternative sanctions. Muladi goes on to discuss the implementation of alternative sanctions based on the current Indonesian penal code and then in relation to a draft proposal for that penal code
Brinker, Gregory P. Indiana Juvenile Crime Forum proceedings
In 1997 a series of hearings were held throughout Indiana to gain firsthand knowledge about juvenile justice from judges, prosecutors, probation officers, law enforcement officials, nonprofit agency representatives, and others. The purposes were to investigate the scope of juvenile crime in Indiana and the impact of its costs on Indiana communities. Subjects of the hearings included juvenile justice costs; aftercare programs; detention and juvenile correction facilities; prevention and intervention programs; the role of nonprofits, schools, and families; legislation; and the juvenile court process.
Ruth-Heffelbower, Duane. Indonesia: Restorative Justice for Healing a Divided Society
The modern Restorative Justice (RJ) movement began in North America as an approach to crime, and in New Zealand as an approach to child welfare issues. Both were based on the communal experience familiar to villagers worldwide. Societies which cannot afford to lock up those who violate societal norms have traditionally used restorative methods to return people to productive life in the community. Over the past 20 years or so certain principles of restorative justice have been recognized. These principles have been applied to criminal behavior, child welfare, school discipline, personnel management, and other areas of human interaction. In this paper the author explores the use of these principles for healing a large and deeply divided society, the country of Indonesia. The paper uses theory developed through years of practical application, and examines current efforts to apply the principles to various aspects of Indonesia's crises.
Merkel, Jim. Prison without Walls: Kerala's Open Prison Draws on Strengths of Community Life
More than 30 years ago, Kerala's central government set up a commission that recommended open prisons focused on reform. In August 1962, Kerala's first open prison was inaugurated. Currently, it's the only open prison in Kerala, although Indian states Uttar Pradesh and Andra Pradesh also have this type of prison. Viewed as an experiment, the prison holds about 280 prisoners. Every convict begins his sentence in a closed prison, and those who exhibit good behavior are transferred to the open prison. The open prison is known for treating prisoners with respect and entrusting them with responsibilities for work on the rubber plantation, personal chores, and cooperation within the prison community. Attempting to escape or committing any criminal offense after release will result in incarceration in a closed prison. To date, there has been only one repeat offender.
Haley, John O. A Spiral of Success: Community Support Is Key to Restorative Justice in Japan
The author states that no industrial democracy has been as successful as Japan in dealing with crime. Japanese authorities have learned from experience that offender correction and restoration to the community are essential elements of an approach that has proven to be effective in correcting socially deviant behavior. What has developed is a spiral of success, with law enforcement officials, community members, criminals, and victims working interdependently to prevent crime and reintegrate offenders back into the community.
Mennonite Central Committee. Making Peace in the Indigenous Way in the Philippines
In anecdotal fashion, highlighting the work of the Upland Development Institute in the Philippines, this article relates traditional Philippine processes for addressing conflicts and offenders in relation to a more Western legal system.
van Gelder, S. The Ecology of Justice: Making Connections to Stop Crime
Discusses the relationships between healthy communities and their healing approaches to justice. This article calls for providing those who make mistakes to have an opportunity and an incentive to make amends and to be reaccepted. Also included in this special edition are article exerts from Daniel Van Ness and Walter Dickey on restorative justice; readings on inner-city crime prevention programs that work by Anne Sulton, M. Isolina Ferre, Lois Arkin, Ron Cowart, Robert Harris and Lupe Loena; on Japanese justice by John O. Haley, corporate crime by John S. Adams, open prisons in India by Jim Merkel; and stopping crime at its roots by Robert Gilman.

RJ around the World

RJ Around the World

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Restorative justice is a theory of justice that emphasizes repairing the harm caused or revealed by criminal behaviour. It is best accomplished through cooperative processes that include all stakeholders. More

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