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Restorative justice considers the merits of cases not just rules…
from Lorenn Walker's entry on Restorative Justice and Other Public Health Approaches for Healing: The disturbing case of Albert Holland whose lawyer failed to adequately represent him points out a growing problem with our traditional courts: the focus on the law and rules vs. the facts and merits of particular cases in making rulings. Most American legal cases are being decided on procedure and law, “the rules,” and not on equity or the merits of cases. See Michael J. Sandel’s Democracy’s Discontent: America in Search of a Public Philosophy. The merits are about people and the particular facts about their unique experience in every conflict. Our courts should be places where people can go to find fairness and justice. Court should be a place where people know they can go to have the facts of their cases heard and considered by other people, judges, who care.
Located in Restorative Justice Online Blog -- RJOB
RJ Article Richards, Kelly M. 'Rewriting history' : towards a genealogy of 'restorative justice.'
This thesis considers how ‘restorative justice’ has emerged as a legitimate response to crime. It presents the beginnings of a genealogical analysis of ‘restorative justice’ as it applies to criminal justice contexts. It comprises a ‘backwards-looking’ component, in which accepted historical accounts of ‘restorative justice’ are problematised, and a ‘forwards-looking’ component, in which a partial history of discourse of ‘restorative justice’ is presented. I conclude that these silenced discourses might be read as an incomplete and partial history of discourse of ‘restorative justice’. That is, ‘restorative justice’ ‘makes sense’ as an approach to criminal justice partly because of the credence of these discourses, upon which it relies, to some extent, for discursive legitimacy. These diverse and divergent discourses cast the ‘restorative justice’ project not as the unified and stable ‘movement’ as which it is usually portrayed, but as a fragmented and shifting phenomenon, comprised of a loose and heterogeneous assemblage of practices with variegated historical antecedents. Additionally, I conclude that some concerns raised by various scholars in the field – particularly in relation to the potential of ‘restorative practices’ to impact negatively on already marginalised and disadvantaged populations – are validated by this genealogy. (author's abstract)
Located in articlesdb / articles
File O'Connell, Terry. Restorative justice for police: Foundations for change
O’Connell argues that current criminal justice systems do not work and that they must fundamentally change, with restorative justice providing the best hope.
Located in Full-Text Documents at RJ Online
File Wright, Martin. International Approach: What is Restorative Justice?
Wright begins this essay by discussing the differences between restorative justice and the traditional criminal justice system.
Located in Full-Text Documents at RJ Online
File Restorative justice and society
The most important core value of Gevangenenzorg Nederland is the concept of merciful justice. This is an exciting concept that, at first, could seem like a contradiction in terms. It is not justice as contained in criminal law. Our judicial system is based on the principles of legitimacy and proportionality. This means that the punisher is working in accordance with the law and that the punishment is proportional to the offence or the crime. This is justice whereby the law may take its course but no restoration or fresh prospects are put forward. On the other hand it is not the intention that merciful justice should be thought to be a denial of the existence of guilt and harm. Not at all! If that were to happen justice would lose all meaning. Without guilt there is no injustice and without harm no need for restoration.
Located in Restorative Justice Online Blog -- RJOB
Restorative justice and transformative justice: Definitions and debates
from the entry by Candace Smith in Sociology Lens: 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.
Located in Restorative Justice Online Blog -- RJOB
Restorative justice?
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.
Located in Restorative Justice Online Blog -- RJOB
Howard Zehr on what restorative justice and revenge have in common
From his blog entry: Before you gasp and close this page, stay with me. I’m not trying to rehabilitate the practice of revenge or retribution. Nor is my intention to discount the importance of forgiveness. I do want to explore an underlying link between them, however.
Located in Restorative Justice Online Blog -- RJOB
Book Review: Restorative justice: From theory to practice, Holly Ventura Miller, ed.
"Sociology of Crime, Law and Deviance" is an annual series published by Emerald Group Pub, Ltd. of scholarly work in criminology and criminal justice studies, sociology of law, and the sociology of deviance. This volume, edited by Holly Ventura Miller, is dedicated to restorative justice.
Located in Restorative Justice Online Blog -- RJOB
The danger of compromise
from the article by Elaine Shpungin on OpEd News.com: Picture a stand-off between multiple parties. Perhaps it is between representatives of two nations sitting across a long polished table as they butt heads over a piece of land, or perhaps it is between red-faced members of an organization fighting over a budget item, voices raised, or maybe its kids on a grassy field arguing about which game to play. In our case, this morning, it was between our 9 yr old son (on sofa, arms crossed, body tight, face scowling) and his dad (on living room rug, visibly slowing down his breathing to be "patient," feet planted firmly).
Located in Restorative Justice Online Blog -- RJOB