Social work and reparations: applying a restorative justice approach

Author(s):  
V. Nikki Jones ◽  
Cathy G. McElderry
Author(s):  
Igor Svietlichnyi

The article covers the issues of criminal law protection of the rights of minors in criminal proceedings, some problems of implementationof the principles of restorative justice for minors. In the context of social naturalism, the use of restorative justice for minorsis considered.The criminal process is the most traumatic for the psyche of children. A lawyer is the only person without whom it is impossibleto conduct criminal proceedings with a child. Unfortunately, all other people may be absent. In some cases, the child’s parents, next ofkin or legal representatives do not appear in court, and the participation of the appointed legal representative remains formal.As a matter of priority, in order to improve the situation regarding the criminal law protection of the rights of minors, it is expedientto start discussing systemic changes in national legislation and relevant work, including social work, which will create a basis forimproving the protection of juvenile rights in criminal proceedings.In conclusion, it should be concluded that only if all participants in criminal proceedings involving a child fully exercise their rightsand properly perform their duties, the tasks of such criminal proceedings will be performed and the child’s rights will be reliably protected.Given the above, it can be reasonably argued that in the current legislation of Ukraine (as of the date of this article) there areproblems of criminal protection of minors in criminal proceedings, problems of implementation of the principles of restorative justicefor minors, including the issue of exemption from criminal liability. Ways to solve problematic issues are analyzed.Some gaps in legislation that restrict or violate the rights of children in criminal proceedings need further settlement, includingin accordance with Council of Europe priorities. Proposals to improve the legislation include the introduction of the concept of “youngpeople” (up to 21 years) and the expansion of the possibility of releasing young people from criminal liability or punishment in case ofcommitting certain serious crimes.


Author(s):  
Elizabeth Beck ◽  
Nancy P. Kropf ◽  
Pamela Blume Leonard

2009 ◽  
Vol 90 (1) ◽  
pp. 119-126 ◽  
Author(s):  
Edward J. Gumz ◽  
Cynthia L. Grant

Restorative justice is an alternative paradigm for dealing with the effects of crime and wrongdoing that seeks to bring healing to victims, offenders, and the community. Although a key element of social work's ethical code is the obligation to work toward social justice, this has been viewed primarily as efforts to ensure a fair distribution of resources and opportunities. Yet justice is also restorative in nature–-seeking to restore and enhance victims, offenders, and communities to fuller functioning. This article systematically reviews 80 social work peer-reviewed articles dealing with restorative justice. The role of social workers in restorative justice programs remains largely unknown. Suggestions are made for enhancing social work practice in the restorative justice arena.


2019 ◽  
Author(s):  
Heinz Cornel ◽  
Thomas Trenczek

From both a dogmatic legal standpoint and a sociological perspective, this textbook provides an in-depth and well-founded overview of the fundamentals of material criminal law and criminal procedural law, including juvenile criminal law and the alternatives of restorative justice. It will appeal to both students of social work and practitioners in this field, among others social workers, social education workers, mediators, forensic psychiatrists and those working in correctional institutions. The book describes material criminal and procedural law in detail so that the processes and structures of criminal law can be understood and then applied in practice. Moreover, it provides law students and those working in the field of criminal law with an introduction to criminal law thinking and, at the same time, sociological and criminological insights into the application and practice of criminal law. The book ends with a comprehensive glossary of terms.


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