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RJ Article Talbot, Mary E. . Public Responsiveness to Victim's Recommendations in their Sentencing Decisions: Role of Victim's Race, Victim Impact Statement and Judge's Instruction.
This research proposal is aimed at understanding the gap in justice between Caucasian victims and African American victims. The literature on Victim Impact Statements (VIS) provided in the penalty/sentencing phases in trials may provide some solutions to level the playing field. VIS serves as a voice for the victims or crime, and helps the jurors to see the victim as human being rather than a faceless victim. Studies have shown that the greater harm caused is related to greater blameworthiness of defendant (Feigenson, Park, & Salovey, 1997). Moreover, this research assesses whether the public supports restorative sentencing options for convicted offenders of burglary and aggravated battery, and whether this support generalizes to offenders who victimize African-American as well as Caucasian individuals. (Excerpt).
Located in articlesdb / articles
Lawyers promote restorative justice & therapeutic jurisprudence
from Lorenn Walker's entry on Restorative Justice and Other Public Health Approaches for Healing: While a lot of “lawyer dissing” goes on, some of it easily understandable, many lawyers and judges (who are also lawyers) should be recognized for promoting restorative justice and therapeutic jurisprudence.
Located in Restorative Justice Online Blog -- RJOB
RJ Article Robert, J.J. Michel. Judges as Mediators in Criminal Matters: The Canadian Experience
The story begins with the implementation of one of the first systems of civil and commercial mediation ever developed in the modern judicial world at the level of the top court of Quebec, the Court of Appeal. The story then continues with the extension of the mediation system to all aspects of criminal litigation and this not only at the Court of Appeal, but in all the criminal courtsof the province. IN A NUTSHELL: a fully integrated system of civil, commercial and criminal mediation. (excerpt)
Located in articlesdb / articles
RJ Article Hyams, Ross and Batagol, Becky and King, Michael S and Freiberg, Arie. Non-Adversarial Justice
This comprehensive book provides a large overview of emerging trends in Australian criminal justice. While the current system operates under adversarial justice, there have been increasing movements away from it. Some alternative forms of non-adversarial justice that have developed are therapeutic jurisprudence, restorative justice, preventive law, creative problem solving, holistic approaches to law, and appropriate or alternative dispute resolution. Each approach is presented in its own chapter, with information about their backgrounds, potential benefits, and potential drawbacks. The authors then compare and contrast procedure under adversarial justice and non-adversarial justice in the context of family law. Then the book shifts away from modes of justice to specific developments in the legal system that reflect growth away from adversarial justice. These include problem-oriented courts, diversion schemes and intervention programs, indigenous sentencing courts, and managerial and administrative justice. Lastly, the authors develop what the application of adversarial justice to coroners, court management (specifically the development of the judicial role), lawyers, and legal educators would look like.
Located in articlesdb / articles
RJ Article Pitchers, Justice. The Management of Cases, Judges' Roles in the Proceedings, and the Use of Alternative Dispute Settlement Methods: The Criminal Perspective
This report begins by arguing for increased transparency in the criminal justice system and touching on the subject of funding for and excessive workloads in most criminal justice systems. It then goes into a basic overview of what restorative justice is and in what ways is it effective. The report continues by delving into several questions about the practice of mediation, including the role of judges in mediation and other types of court actions.
Located in articlesdb / articles
Comment Lawyers Peacemakers
After all aren't most lawyers peacemakers. They definitely solve the most major problems here in the USA. Where would we be without them?
Located in Restorative Justice Online Blog -- RJOB / Lawyers promote restorative justice & therapeutic jurisprudence / ++conversation++default
Comment Workability
Although we may disagree with a political system, every system may feature attributes and effective practices that actually work in contrast with the practices we [...]
Located in Restorative Justice Online Blog -- RJOB / Not adding up: Criminal reconciliation in Chinese juvenile justice / ++conversation++default
Restorative justice pilot scheme to begin at 10 courts
from the article by Owen Bowcott on the guardian: The first victim-led, restorative justice programmes are due to begin in crown courts across England and Wales this month in an attempt to cut reoffending rates. Requests for face-to-face meetings following a crime are normally initiated by the offender under restorative justice schemes. But a new pilot project in 10 crown courts will reverse the process, enabling victims to approach offenders before a sentence has been imposed.
Located in Restorative Justice Online Blog -- RJOB
Not adding up: Criminal reconciliation in Chinese juvenile justice
from the article in Dui Hua's Human Rights Journal: Recent amendments to China’s Criminal Procedure Law involve special procedures for handling cases involving juvenile defendants and resolving cases through criminal reconciliation. Although the law does not explicitly link the two, criminal reconciliation has been a key feature in the development of China’s juvenile justice system under the principle of “education first, punishment second.” Dui Hua welcomes criminal reconciliation as a means to restorative justice and reduced juvenile incarceration, but research suggests that the relatively new measure is experiencing some growing pains in China. Jiang Jue (姜珏), a PhD candidate in the School of Law at the Chinese University of Hong Kong, has done extensive research on criminal reconciliation in China and has seen how the process works in many juvenile cases. Her research indicates that current implementation of criminal reconciliation falls short of juvenile justice principles by alienating youth and stifling attempts at education.
Located in Restorative Justice Online Blog -- RJOB
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.
Located in Restorative Justice Online Blog -- RJOB