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RJ Article Libin, Kevin. Sentencing circles for aboriginals: Good justice?
Barry Stuart wishes he had never called them "sentencing circles." The former Yukon judge was the first in Canada to implement the controversial practice, initially in the landmark 1992 case, R. v. Moses. He used them regularly and they soon spread across Canada, primarily dealing with aboriginal offenders. Even in his retirement today, Justice Stuart consults with private organizations looking to adopt the "circle" model for conflict resolution. He retains his love for the concept, but his distaste for the label. (excerpt)
Located in articlesdb / articles
RJ Article Libin, Kevin. Sentencing circles for aboriginals: Good justice?
Barry Stuart wishes he had never called them "sentencing circles." The former Yukon judge was the first in Canada to implement the controversial practice, initially in the landmark 1992 case, R. v. Moses. He used them regularly and they soon spread across Canada, primarily dealing with aboriginal offenders. Even in his retirement today, Justice Stuart consults with private organizations looking to adopt the "circle" model for conflict resolution. He retains his love for the concept, but his distaste for the label. (excerpt)
Located in articlesdb / articles
RJ Article Lilles, Heino. Circle sentencing: Part of the restorative justice continuum
Circle sentencing is one of many restorative justice practices. It seeks recognition of the needs of the victim, community involvement, and identification of the rehabilitative needs of the offender. Unlike some restorative justice practices, circle sentencing participates in and replaces sentencing in the criminal justice system. In this chapter, Lilles studies the nature and application of circle sentencing in the Canadian context. This includes a survey of the circle process and its outcomes (what happens with the offender after the circle, and the impact of the circle on participants). Critical commentary on circle sentencing addresses barriers to implementation, the nature and role of the community, concerns about the victim in the process, issues related to offender participation, and the role of the judge.
Located in articlesdb / articles
File Lilles, Heino. Yukon sentencing circles and elder panels
Aboriginal people experience rates of incarceration in Canada disproportionately high in relation to the percentage of the total population they constitute. Many feel that the current criminal justice system in Canada is a significant part of the problem rather than part of the solution.
Located in Full-Text Documents at RJ Online
RJ Article Long, Hank. A circle of healing.
The Yukon is a long way from Washington County. But a traditional practice of restorative justice used by the native populations in the westernmost Canadian province has found its way to the communities of Cottage Grove, Stillwater and most recently Woodbury. It’s called community circles, a form of restorative justice that, according to its modern proponents, is a community-based process to respond to conflict in a manner that advances the well-being of individuals, families and the community. (excerpt)
Located in articlesdb / articles
RJ Article Marquette University Law School Restorative Justice Initiative. The healing circle: Victims of sexual abuse by clergy share their stories.
In November 2006, a small group of people gathered at the Marquette University Law School in Milwaukee, Wisconsin to participate in an extraordinary experience called--A Healing Circle. Everyone in the room had been deeply affected by the clergy sex abuse scandal in the Catholic Church. The group included victims, a priest offender, other members of the clergy, parish staff and lay people. Over the course of several hours, the participants shared their stories of pain and broken trust. (distributors description) (63 minute video)
Located in articlesdb / articles
File McCold, Paul. Overview of mediation, conferencing, and circles
McCold begins his overview of certain restorative justice processes by presenting a typology of restorative justice practices – a typology oriented around the inclusion of the victim, the offender, and their “communities of care.”
Located in Full-Text Documents at RJ Online
RJ Article McCormick, Anna C. Confronting the Past and Building a Future: Peacemaking Circles in a Northern Canadian Community
The most significant changes in the administration of youth justice, based on a transformative philosophy, are occurring in First Nations communities, in response to a history of oppression, near-genocide, culture conflict with, and proven ineffectiveness of the Western criminal justice system. In efforts to reassert power and take responsibility for local issues, address crime and victimization, build community, revive traditional values, increase community capacity and self-sufficiency, create a healthier reality for future generations, and prepare for eventual self-government, one primarily First Nations community in the Yukon has developed and implemented peacemaking circles. This thesis is a result of field research conducted in this community. Based on participant observation and interviews with community justice practitioners, community members, justice personnel, young offenders and victims who have experienced peacemaking circles, it explores several individual, community, and system level challenges which may affect the potential of circles to accomplish objectives. The initiative operates within a community and political environment that is plagued by misinformation, skepticism, mistrust, resistance, apathy, dysfunctionality, power imbalances, state paternalism, and minimal ideological and financial support. Project evaluations cannot be imposed from the outside, before these issues have the opportunity to be addressed, or before the initiative has sufficient time to reach long-term objectives. Failure to address these and other issues could be devastating to the entire restorative justice movement, and doom communities to continued intervention by and subordination to an ineffective and oppressive retributive justice system. Author's abstract.
Located in articlesdb / articles
RJ Article McKinnon, Peter. Squaring the Circle With At-Risk Youth
The Peacemaking Circle project, which involves Crown prosecutors, provincial court judges, social workers and community activists, aims to help youth who have committed criminal offences, along with those likely to come in conflict with the law. In essence, youth participate in a series of meetings to identify issues and problems, devise effective solutions, and track progress. (excerpt)
Located in articlesdb / articles
RJ Article Mcnamara, Luke. The Locus of Decision-Making Authority in Circle Sentencing: The Significance of Criteria and Guidelines
In the 1990s, circle sentencing emerged as a significant feature in the Canadian criminal justice system among First Nation communities. Circle sentencing involves direct participation of community members in sentencing the offender. This sentencing form combines Aboriginal and non-Aboriginal processes and norms of justice. In this article, McNamara examines the practice of circle sentencing against the background of the continuing demand by many Aboriginal communities for greater autonomy in the administration of justice. Specifically, to what extent does circle sentencing represent a genuine shift from non-Aboriginal sentencing processes, with their cultural foundations and aims, to Aboriginal cultural perspectives and practices with respect to law and justice? McNamara explores this question by considering the potential of circle sentencing to shift the locus of decision-making authority from judges within the criminal justice system to community participants in the circle sentencing process.
Located in articlesdb / articles