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Cuzzo, Maria Stalzer Wyant. The Code of the Peaceful Warrior: A Restorative Justice Response to Recent Events
Following the terrorist attacks of 11 September 2001 in the United States, some asked Maria Cuzzo (lawyer, teacher, and practitioner of mediation and conflict resolution) about the possibilities of a mediation or restorative justice response to the events.
Located in Full-Text Documents at RJ Online
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
Problems with legal aid
from Chris LaHatte's blog Legal Rambling: What is the answer? Encourage more appropriate charges instead of over prosecution-always a problem. Then, if the appropriate charges are laid, encourage more guilty pleas by use of greater allowances for preparation for sentencing, more use of restorative justice and more resources for expert reports such as drug and alcohol abuse, psychologists, and better probation reports.
Located in Restorative Justice Online Blog -- RJOB
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
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
RJ Article Cochran, Robert F., Jr. "The criminal defense attorney: Roadblock or bridge to restorative justice."
Cochran points out that, while alternative dispute resolution is now common in civil litigation, it is virtually unheard of in criminal justice cases, despite the recognized problems with the current criminal justice system. In this context Cochran introduces the potential of restorative justice to transform the treatment of criminal cases. With this in mind, he examines the question whether the criminal defense attorney will serve more as a bridge or a roadblock to restorative justice processes and outcomes. Specifically he deals with the following: helping clients take responsibility for their actions; confession, forgiveness, and reconciliation; and lawyer/client discussions of restorative justice.
Located in articlesdb / articles
RJ Article Cooper, James M and Barton, Thomas D. Preventive law and creative problem solving: Multi-dimensional lawyering
The authors of this essay explore the image of the lawyer in order to advance new dimensions of what it should mean to be a lawyer. If the conventional or traditional idea of a lawyer is that of a fighter (characterized by the authors as vertical lawyering), Barton and Cooper contend for two other dimensions: the lawyer as problem solver and designer (characterized by them as horizontal lawyering). To argue their perspective, they explain the need for the multi-dimensional lawyer in relation to the evolution of legal procedures and lawyering. They also describe the fighter lawyer as operating in rewind mode – trying to reconstruct the past to establish liability and culpability in order to legitimize and win the case. In contrast, the lawyer as problem solver or designer operates in fast forward – trying to design environments and foster relationships that prevent conflict or that creatively resolve conflict.
Located in articlesdb / articles
RJ Article Volz, Gregory and Miller, Rachel and Trevaskis, David Keller. Youth courts: Lawyers helping students make better decisions
The motto of the Chester Youth Court is "Students Helping Students Make Better Decisions." For five years, lawyers, working with a variety of community partners, have been helping Chester students achieve this objective and in the process, have given them a voice to advance not just disciplinary justice, but also educational and economic justice. In this pursuit, lawyers have successfully achieved the highest aspirations of our profession and provided youth with the tools to successfully protect and defend themselves. Student empowerment is the fundamental touchstone of youth courts. Currently, eleven million youth between the ages of sixteen and twenty-four are neither in school nor employed.2 For these "disconnected youth," America is hardly a "Land of Opportunity"; the "American Dream" is no more than a distant memory from their father's generation.3 America's greatest strength has always been our democratic values and institutions. Society's current inability, or unwillingness, to inculcate these values in our nation's youth threatens our democracy. Public schools were created to inculcate these values of citizenship. That promise has been forgotten at many schools. Quality youth courts can instill those values.
Located in articlesdb / articles
Lawyers as Peacemakers: Practicing Holistic, Problem-Solving Law
from Lainey Feingold's review on BeyondChron: J. Kim Wright is an ambitious woman. In this comprehensive resource manual, she describes dozens of ways in which lawyers, judges and legal workers across the country (and around the world) are attempting to change their profession for the better. The terms sound hopeful – Holistic Law, Renaissance Law, Transformative Law, Law with a Meditative Perspective. Spiritual Law, Law as a Healing Profession, Restorative Justice, Therapeutic Jurisprudence. Most profoundly, as the title reflects, “Lawyers as Peacemakers.” Lawyers as Peacemakers, published by the American Bar Association, clocks in at over 500 pages including appendixes, resources and information about its many contributors. The book includes essays, quotes, interview snippets, profiles and articles written by both Wright and leaders in the various alternative legal processes she explores.
Located in Restorative Justice Online Blog -- RJOB
In Dharun Ravi trial, criminal retribution will not serve justice
from the Guest Column by Joseph C. d'Oronzio in the Star-Ledger: I watch with increasing discomfort as the arch of justice sways with uncertainty in that New Brunswick courtroom where the fate of former Rutgers University freshman Dharun Ravi is being considered.
Located in Restorative Justice Online Blog -- RJOB