Restorative Justice Implemented by the Judiciary in Brazil: Results and the Role of the Victim

2020 ◽  
pp. 255-268
Author(s):  
Alline Pedra Jorge Birol
Keyword(s):  
Restorative Justice

Campus Sexual Violence and Title IX: What is the Role of Restorative Justice Now?

2021 ◽  
pp. 155708512110626
Author(s):  
Shauntey James ◽  
Melanie D. Hetzel-Riggin
Keyword(s):  
Higher Education ◽  
Distributive Justice ◽  
Sexual Violence ◽  
Restorative Justice ◽  
Title Ix ◽  
Sexual Misconduct ◽  
College Campuses ◽  
Institutions Of Higher Education ◽  
Advantages And Disadvantages

Institutions of Higher Education (IHEs) have used restorative justice (RJ) to address sexual misconduct on college campuses under Title IX. In 2020, Title IX guidance was codified. The application of RJ under the new policy may create procedural and distributive justice issues. This article (1) defines the new policy; (2) explores suitability of RJ to sexual misconduct and specifically yellow zone behavior under the new policy; (3) discusses justice for the various stakeholders under the guise of advantages and disadvantages; and (4) makes recommendations to strengthen the choice of either implementing or not implementing restorative justice.

scholarly journals Peranan Kepolisian dalam Penerapan Restorative Justice terhadap Pelaku Tindak Pidana Pengeroyokan yang Dilakukan oleh Anak dan Orang Dewasa

2019 ◽  
Vol 5 (1) ◽  
pp. 32
Author(s):  
Haryanto Ginting ◽  
Muazzul Muazzul
Keyword(s):  
High School ◽  
High School Students ◽  
Law Enforcement ◽  
Restorative Justice ◽  
Justice System ◽  
Law Enforcement Officers ◽  
School Students ◽  
Criminal Offenses ◽  
Law And Justice

<p class="1judul"><em><span>The Role of the Police in the Application of Restorative Justice to Perpetrators of Criminal Offenses Conducted by Children and Adults</span></em></p><p class="1judul"> </p><h1><span lang="EN-US">The rise of cases of brawl between high school students and even not only between high school students, but also has hit up to campuses, this often happens in big cities such as Jakarta, Surabaya, and Medan. This study aims to determine the role of the Police in implementing Restorative Justice against perpetrators of criminal acts of beating carried out by children and adults that occurred in the District of Namo Rambe District of Deli Serdang. The research method is done by using descriptive qualitative method that is normative. Based on the data obtained in the results of this study, the authors draw conclusions as follows: The criminal justice system must always promote the importance of law and justice. But there is a false view that the measure of the success of law enforcement is only marked by the success of bringing a suspect to court and then being sentenced. The measure of success of law enforcement by law enforcement officers should be characterized by the achievement of values of justice in the community. The police as a state tool that plays a role in enforcing the law is expected to be able to respond to this by implementing a Restorative Justice mechanism.<strong></strong></span></h1>

scholarly journals Myths of restorative features in the Japanese justice system and society: the role of apology, compensation and confession, and application of reintegrative shaming

2017 ◽  
Author(s):  
Masahiro Suzuki ◽  
Akinori Otani
Keyword(s):  
Restorative Justice ◽  
Rapid Growth ◽  
Critical Analysis ◽  
Justice System ◽  
Reintegrative Shaming

Restorative justice (RJ) has experienced rapid growth. Along with its development, myths about RJ have emerged. Although several scholars have challenged these, two myths about restorative features in the Japanese justice system and society—(1) the role of apology, compensation and confession; and (2) the application of reintegrative shaming—arguably remain pervasive. In this paper, we aim to advance a critical analysis of these two ostensibly restorative features of the Japanese justice system and society. We argue that the reality is more nuanced. We conclude by analysing why these myths have emerged and what functions they have performed.

scholarly journals Restoration of subjectivity: the role of reflection in personality development and humanization of social institutions

2021 ◽  
pp. 1-16
Author(s):  
Vadim Markovich Rozin ◽  
Lyudmila Mikhailovna Karnozova
Keyword(s):  
Restorative Justice ◽  
Personality Development ◽  
Social Institutions ◽  
General Mechanism ◽  
Second Phase ◽  
Resolution Analysis ◽  
Two Phases ◽  
New Perspective ◽  
Personality Process

This article consists of two parts. The firs parts analyzes the general mechanism of reflection within the framework of the theoretical discourse; while the second part the introduced concepts and schemes of reflection are illustrated on the case of &ldquo;restorative justice&rdquo;. The analysis of two other cases (&ldquo;Confession&rdquo; by St. Augustine, as well as &ldquo;Confessions&rdquo; and &ldquo;Resurrection&rdquo; by L. Tolstoy) allows characterizing the two phases of psyche &ndash; preceding and accompanying reflection. The first phase represents a &ldquo;crystallization of distortion subjectivity&rdquo;, and at times its dissolution. The second phase (situation) launches the personality process, which can be described using the terminology of L. S. Vygotstky as &ldquo;interiorization" of intersubjective; this is the conscious work that gives a new perspective on the situation and its resolution. Analysis is conducted on the two procedures of reflection itself &#8210; reflexive way out to the space of &ldquo;placelesness&rdquo; (M. Bakhtin) with the shift of integrity and thingness, and reflexive return (G. Shchedrovitsky). Study of the case of restorative justice demonstrates the organizational-technical attitude towards reflection, communication and ensuring mutual understanding between people separated by crime, as a new moment in comparison with the &ldquo;individual reflection&rdquo; as internally determined personality process. The inclusion of reflection into social practices and humanities substantiates the possibility of complementing the concept of subjectivity and its &ldquo;restoration&rdquo; with the concept of agency as the proclivity for new actions, acquisition of the &ldquo;authorial position&rdquo; in relation to one's personal life and interaction with others.

The Movement Expands

2021 ◽  
pp. 212-236
Author(s):  
Mark R. Warren
Keyword(s):  
Restorative Justice ◽  
Zero Tolerance ◽  
Black Girls ◽  
School Site ◽  
Liberatory Education ◽  
Gender Nonconforming ◽  
Girls Of Color ◽  
Role Of Teachers ◽  
And Gender

Chapter 8 examines the expansion of the movement to new issues and newly forceful constituents. It charts the rise of the police-free schools movement and discusses the influence of the Movement for Black Lives. It documents the assertion of voice and leadership by Black girls; girls of color; and gender nonconforming students in the movement, highlighting the intersectional ways that they experience the school-to-prison pipeline. Finally, it examines the role of teachers as allies to the movement and highlights efforts to implement restorative justice as an alternative to zero tolerance. It emphasizes the need to connect restorative justice to school-site organizing that connects teachers with students and parents in ways that transform relationships and create liberatory education.

Victimhood, Dignity, and the Criminal Justice System: A Comment

2011 ◽  
Vol 44 (1-2) ◽  
pp. 301-313 ◽  
Author(s):  
Leslie Sebba
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
System A ◽  
Meaningful Role ◽  
Alternative Remedies

While this comment primarily addresses the article by Anat Horovitz and Thomas Weigend on human dignity and victims' rights in the German and Israeli criminal process, it begins with a consideration of the role of the victim in other component parts of the criminal justice system, and in particular the substantive criminal law—a topic addressed in other articles included in this issue. There follows a review of the comparative analysis of the victim's role in Germany and Israel put forward by Horovitz and Weigend and a critique of the issues they raise, particularly as to the salience of the victim's procedural role. It is argued here that the victim should have a somewhat more meaningful role than that envisaged by these authors. The comment concludes with a brief consideration of the potential for the advancement of alternative remedies currently neglected by both systems, such as restorative justice.

Victim—Offender Mediation and the Gatekeeping Role of Police

2000 ◽  
Vol 2 (1) ◽  
pp. 17-32 ◽  
Author(s):  
Tim Prenzler ◽  
Hennessey Hayes
Keyword(s):  
Juvenile Offenders ◽  
Restorative Justice ◽  
Pilot Project ◽  
Crime Victims ◽  
Young Offenders ◽  
Police Discretion ◽  
Department Of Justice ◽  
Queensland Department ◽  
Discretionary Powers

This paper reports on implications for the management of police discretion arising from a Victim—Offender pilot project in Queensland, Australia. The pilot was conducted with juvenile offenders and was highly successful on a range of key outcomes related to restorative justice. However, the project suffered from very low referrals from police, and there were no referrals from the courts, partly because of magistrates' deference to police decisions. As a consequence, many crime victims and young offenders and their caregivers had no opportunity to benefit from reparation. On this basis, a recommendation was made to curtail police discretion severely by building into the case disposition process mandatory consultation regarding mediation with all victims and offenders. This posed a direct challenge to the traditional wide discretionary powers held by police in their gatekeeping role. This research was commissioned by the Queensland Department of Justice. The views expressed are those of the authors, not necessarily those of the Department.

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