scholarly journals Criminal Blame, Exclusion and Moral Dialogue

2021 ◽  
Author(s):  
Costanza Porro
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Public Discourse ◽  
The State ◽  
Recent Book ◽  
Theories Of Punishment ◽  
Moral Blame ◽  
Communicative Theories

AbstractIn her recent book The Limits of Blame, Erin Kelly argues that we should rethink the nature of punishment because delivering blame is, contrary to the widely held view, not among the justifiable aims of a criminal justice system. In this paper, firstly, I discuss her case against criminal blame. Kelly argues that the emphasis on blame in the criminal justice system and in public discourse is one of the main causes of the stigma and exclusion faced by those convicted for a crime. This claim might appear puzzling and, while she provides other convincing arguments against criminal blame, Kelly does not extensively defend this particular argument. To offer support for this view, I reflect on the often overlooked distinction between moral blame and criminal blame to show how the latter, unlike the former, is exclusionary and stigmatising. Secondly, I address the claim put forth by Kelly that blame should play no role in the criminal justice system at all. In light of her argument about the optional nature of moral blame, I explore the possibility that the state should leave open to victims the option to blame criminal wrongdoers in restorative justice conferences. I argue that in such contexts blame would not have the same exclusionary features of criminal blame in traditional settings and that it could serve some valuable aims articulated by communicative theories of punishment, such as the restoration of moral relationships.

scholarly journals Handling of children by diversion in children protection (Diversion and Restorative Justice)

2021 ◽  
Vol 10 (1) ◽  
pp. e26010111826
Author(s):  
Tito Eliandi ◽  
Teguh Prasetyo ◽  
Otto Yudianto
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Human Life ◽  
The State ◽  
Best Interests ◽  
Community Relations ◽  
Criminal Cases ◽  
State Functions

The best treatment for children who should be lived, with the best interests for the sustainability of human life. In handling criminal cases, the restorative justice approach provides different views and approaches to studying and dealing with a criminal act for the handling of restorative justice, that criminal acts are essentially from the viewpoint of criminal law in general, namely attacks on individuals and society as well as community relations. In restorative justice, it can also be found that the features of the formulation of justice are related to rights, judged by results. This meaning has brought a paradigm shift in understanding the concept of providing justice that is in the criminal justice system, it’s said that because in the concept of the criminal justice system in general, justice is considered to have been achieved, the value of the perpetrator can be sanctioned by the state and the victim doesn’t have a place in the settlement process, meanwhile. In the concept of a framework of restorative justice, perpetrators of criminal acts, victims and the whole community are involved in resolving criminal acts directly and focusing on recovery suffered by victims, while the state functions as a facilitator in the process of resolving criminal acts.

scholarly journals Restorative justice and the resolution of judicial conflicts: na analysis of the restorative justice Program of the General Department of Social and Education Actions (DEGASE –RJ)

2021 ◽  
Author(s):  
Marina Vitória Abrahão Cabral ◽  
Valdir Júnio dos Santos
Keyword(s):  
Conflict Resolution ◽  
Criminal Justice ◽  
Juvenile Offenders ◽  
Family Structure ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Rio De Janeiro ◽  
The State ◽  
Justice Program

The analytical and practical field of restorative justice is linked to the debates on the new social conflict management that challenge the institutional design of criminal justice and the Brazilian legal system. When starting from the problematization of the Brazilian criminal justice, we assume that the penalty under neoliberalism presents itself as a societal project that is sustained by the paradox of the potentiation of the police and penitentiary State and the minimization of the economic and social areas of action of the State. Thus, restorative justice emerges as an efficient conflict resolution mechanism, mainly because its criminal approach is based on equating relationships and repairing the damage caused to individuals and communities. In this context, this research aims at analyzing the impact of the implementation of the Restorative Justice Program of the General Department of Social and Education Actions (DEGASE, abbreviation in Portuguese) established by Ordinance 441 of September 13, 2017, within the scope of the social and education units, as well as the challenges presented to those responsible for implementing the law in the state of Rio de Janeiro, Brazil (judges, public defenders, members of the Public Prosecution Service and the DEGASE System) inthe management of restorative practices directed at juvenile offenders deprived of freedom. This problematization raises questions about the limits of the definition of crime and punishment; the relationship between criminal law; and the protection of human rights. The research is structured in three stages: systematic review of the academic field of restorative justice and the Brazilian criminal justice system; elaboration of a framework of the experiences of policies developed in the field of restorativejustice in the state of Rio de Janeiro; and the elaboration of the sociodemographic profile of adolescents and their family structure –analyzing the variables:gender, infraction, age group, monthly family income, education, family structure, and territoriality. It is expected to obtain a critical view of the state of the art of literature on restorative justice in the Brazilian criminal justice system and the debate in the field of conflict resolution criminalized by juvenile offenders served by the Restorative Justice Program of the General Department of Social and Education Actions (DEGASE).

scholarly journals RESTORATIVE JUSTICE: BRINGING JUSTICE FOR CRIME VICTIMS?

Obiter ◽  
2015 ◽  
Vol 36 (1) ◽  
Author(s):  
PN Makiwane
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Crime Victims ◽  
The State ◽  
Therapeutic Jurisprudence ◽  
Crime Victim ◽  
Meaningful Participation ◽  
Administration Of Justice

To date, South Africa’s criminal justice system has been about crime and the punishment of offenders, and not about redress for crime victims. This can be ascribed to the nature of a criminal system that perceives crime to be a matter between the State and the accused, with the victim playing the marginal role of a witness. The retributive nature of our criminal justice has played a crucial role in the marginalization of the very person who was victimized, namely the crime victim. A number of countries have recently developed practices of restorative justice and therapeutic jurisprudence that have introduced an all-inclusive justice system that allows for participation by offenders, crime victims, their family members, the community and the State. Sadly, our country has been but tentative in its acceptance of restorative justice processes, with only a few thousands of individuals having benefitted from it since its inception. Although restorative justice is acclaimed as a system that allows for meaningful participation of victims in criminal processes, the author argues that the system favours mostly offenders, young offenders in particular, and is applied in respect of minor offences. For serious crimes, courts have been reluctant to embrace restorative justice processes, preferring to revert to the retributive system which is believed to have failed in reducing the crime rate in any country. In this article the author develops the idea that a lukewarm reception of restorative processes is detrimental to the administration of justice. It defeats the very purpose of victim involvement in the criminal justice system, and deprives the crime victim of the very benefits restorative justice is acclaimed for, namely healing and satisfaction.

Restorative Justice: A Contrivance of Compensatory Jurisprudence for the Victims of Rape in India

2019 ◽  
Vol 2 (2) ◽  
pp. 202-214
Author(s):  
S. Z. Amani ◽  
Nisha Dhanraj Dewani
Keyword(s):  
Criminal Justice ◽  
Special Reference ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Present Article ◽  
Criminal Law ◽  
Justice System ◽  
The State ◽  
Adversarial System ◽  
Rape Case

Victims in rape cases are invariably the forgotten part in India’s criminal adversarial system. While the accused, more often than not, is protected with all the resources available at the expenditure of the State, the victim is left to fend for herself with little or no support from the State machinery. She is merely transformed to a witness to watch the entire play being organized by the accused and the State as the protagonists. The violations of victim’s rights, the invasion of her dignity, the actual losses incurred to her do not constitute matter of concern of any one. India, at present, is faced with the situations where respect for criminal law has reduced to minimum; one of the crucial reasons being the hapless condition of the victims. Perhaps, the most dismal condition is witnessed in the rape case. The present article seeks to highlight the plight of victims in Indian Criminal Justice System with special reference to victims of rape and also highlights the attempts of the judiciary to fill all the gaps through restorative justice to repair the harm caused by criminals.

scholarly journals Criminal Justice System of Children in The Law Number 11 of 2012 (Restorative Justice)

Rechtsidee ◽  
2014 ◽  
Vol 1 (1) ◽  
pp. 11
Author(s):  
Ansori Ansori
Keyword(s):  
Criminal Justice ◽  
Juvenile Delinquency ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
The State ◽  
Future Application ◽  
The Future ◽  
The Law

The future of the children will determine the future of the nation. The increasing problem of juvenile delinquency in this globalization and information technology era, requires the state to give more attention to the child's future. Application of the criminal justice system for children in Indonesia is as stipulated in Law Number 3 of 1997 potentially detrimental to the child's interests. In practice, the judicial system had many problems, among them is a violation of the rights of children, such as: physical and psychological violence, as well as deprivation of the right to education and welfare. It happened because the juvenile justice system is against to national and international regulations on the protection of children’s rights. Besides that, theory of punishment for the juvenile delinquency still refers to the concept of retribution for the crimes. This concept is not very useful for the development of the child, so the concept need to be repaired with the concept of restorative justice. With this concept, the criminal justice system for the juvenile delinquency, leads to the restoration of the state and the settlement pattern, involving the perpetrator, the victim, their families and engage with the community. This is done with consideration for the protection of children against the law. Whereas in line with this spirit of the restorative justice, it gives birth to the Law No. 11 of 2012 on The Criminal Justice System of Children. How To Cite: Ansori, A. (2014). Criminal Justice System of Children in The Law Number 11 of 2012 (Restorative Justice). Rechtsidee, 1(1), 11-26. doi:http://dx.doi.org/10.21070/jihr.v1i1.95

scholarly journals Toward Sovereign Indigenous Justice: On Removing the Colonial Straightjacket

2020 ◽  
Vol 2 (1) ◽  
pp. 59-82
Author(s):  
Michaela Mary McGuire ◽  
Ted Palys
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Indigenous Peoples ◽  
Justice System ◽  
Parallel Systems ◽  
The State ◽  
Indigenous Nations ◽  
The World ◽  
Justice Systems

Canada has oppressed Indigenous peoples capacity for true sovereignty through colonialism, genocide and attempted assimilation. This devastation manifests in the disproportionate social ills facing Indigenous peoples and their overrepresentation at all levels of the imposed criminal justice system (CJS). Trauma and internalized colonialism have constrained the capacity of Indigenous Nations to reclaim their place in the world as self-governing peoples. Canada has attempted to ‘fix’ this problem through creating parallel systems, trying to fit ‘Indigenous’ conceptions of justice into existing systems, and problematically adopting restorative justice as synonymous with Indigenous justice. The rhetoric of reconciliation and apology mask the continual genocidal, assimilative goals of the state. With these caveats in mind, the need to reject internalized colonialism and develop capacity for the development of sovereign Indigenous justice systems will be examined.  

scholarly journals ANALISIS PENETAPAN PENGADILAN TERHADAP ANAK PELAKU TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA (STUDI KASUS: PENETAPAN PENGADILAN NEGERI SURABAYA DAN 2 (DUA) PUTUSAN PENGADILAN NEGERI JAKARTA BARAT)

2019 ◽  
Vol 1 (2) ◽  
pp. 724
Author(s):  
Lie Natania ◽  
Mety Rahmawati
Keyword(s):  
Drug Abuse ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
The State ◽  
District Court ◽  
Strategic Position ◽  
The Law ◽  
Special Protection

Children are the future of  mankind, our nation and country. Based on this strategic position, the state and the law must provide special protection for children. However, in finding themselves,in some occasions children can stumble and make mistakes, which unfortunately can be in the form of run-ins with the law. Act Number 11 of Year 2012 regarding the Criminal Justice System for Juvenile presented the concept of diversion, which is an approach to resolve juvenile cases in order to achieve restorative justice. Diversion is the of process diverting child cases out of the usual system of criminal justice. However, diversion cannot be used to resolve all and every child cases. In a case of drug abuse, as seen in the Verdict of Surabaya District Court Number 111/Pid.Sus-Anak/2014/PN.Sby, diversion is attempted to resolve the case. But in two similar cases, namely in the Verdict of West Jakarta District Court Number 47/Pid.Sus-Anak/2017/PN.Jkt.Brt and Number 53/Pid.Sus-Anak/2017/PN.Jkt.Brt, diversion was not attempted resolve the children in those cases and as stated on the verdict, those children were convicted. Why is there a difference in the resolution of the court against children who committed drug abuse between the Verdict of Surabaya District Court Number 111/Pid.Sus-Anak/2014/PN.Sby, the Verdict of West Jakarta District Court Number 47/Pid.Sus-Anak/2017/PN.Jkt.Brt and the Verdict of West Jakarta District Court Number 53/Pid.Sus-Anak/2017/PN.Jkt.Brt?

scholarly journals Restoring what? The practice, promise and perils of restorative justice in New Zealand

2014 ◽  
Vol 10 (2) ◽  
Author(s):  
Chris Marshall
Keyword(s):  
New Zealand ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Recent Book ◽  
Public Defender ◽  
Professional Involvement ◽  
American Author

In the opening pages of his recent book Crime, Punishment, and Restorative Justice, American author Ross London tells of what prompted him to embark on the journey of discovery that led to the writing of the book. After more than 25 years of professional involvement in the criminal justice system as an attorney, a public defender and a municipal judge, London found himself asking the question: ‘Is this the best we can do?’

scholarly journals PENDEKATAN KEADILAN RESTORATIF: UPAYA MELIBATKAN PARTISIPASI KORBAN DAN PELAKU SECARA LANGSUNG DALAM PENYELESAIAN PERKARA PIDANA

2015 ◽  
Vol 1 (1) ◽  
Author(s):  
Nefa Claudia Meliala
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
The State ◽  
Opening Up

<p><strong><em>Abstract</em></strong></p><p><em>From our understanding of ius poenale and ius puniendi, crime logically is simply considered as any offense directed against the state. In other words, conflict between offender and the State. It follow that justice is related to number of cases processed and punishment served. From this perspective, the criminal justice system disregards victims’ and offenders’s needs for closure and personal justice.  The restorative justice system offers an alternate approach which may compensate the shortcomings of the existing criminal justice system that is by opening up the possibility of victims and offenders participation. </em></p>

Mandatory Compensation Orders for Crime Victims and the Rhetoric of Restorative Justice

2003 ◽  
Vol 36 (1) ◽  
pp. 60-76 ◽  
Author(s):  
Kate Warner ◽  
Jenny Gawlik
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Public Support ◽  
Crime Victims ◽  
Property Damage ◽  
Victims Of Crime ◽  
To Receive ◽  
Legislative Measures

Increased recognition of the need for victims of crime to be integrated into the criminal justice system and to receive adequate reparation has led, in a number of jurisdictions, to legislative measures to encourage the greater use of compensation orders. The Sentencing Act 1997 (Tas) (which came into force on 1 August 1998) went further and made compensation orders compulsory for property damage or loss resulting from certain crimes. This article shows that this measure has failed victims and argues that they have been used in the service of other ends. Mandatory compensation orders are a token gesture repackaged as restorative justice to gain public support for the administration of the criminal justice system.Ways in which compensation orders could be made more effective and the possibilities of accommodating restorative compensation into a conventional criminal justice system are explored.

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