scholarly journals Trajectories and typologies of pre-sentence restorative justice rituals

2018 ◽  
Vol 51 (4) ◽  
pp. 502-518 ◽  
Author(s):  
Meredith Rossner ◽  
Jasmine Bruce

Enthusiasm for restorative justice has seen conferencing brought in to the mainstream of criminal justice systems around the world. This raises concerns over how integration into criminal justice will impact conference dynamics. In this article, we present new findings from a study of restorative justice conferences at the pre-sentencing stage for adult offenders. By documenting the interactional dynamics of conferences it reveals the emotional trajectories that conferences take, and the factors that shape immediate conference outcomes. Our results show both the positive aspects of what restorative justice is capable of achieving as well as the tensions that arise when it is integrated within conventional criminal justice. We offer a refined vision of what success can mean in restorative justice at the pre-sentence stage.

1977 ◽  
Vol 23 (1) ◽  
pp. 51-56 ◽  
Author(s):  
Eugene Doleschal

This paper discusses the rate and length of imprisonment in The Netherlands, Denmark, and Sweden, which have possibly the most advanced and most humane criminal justice systems in the world. Sen tencing policy and practice in these countries produce commitment figures which carry a message for the United States: increasing the harshness of criminal penalties and the size of the prison population is an irrational— and certainly ineffective—response to crime.


PLoS ONE ◽  
2021 ◽  
Vol 16 (10) ◽  
pp. e0258241
Author(s):  
Kay L. Ritchie ◽  
Charlotte Cartledge ◽  
Bethany Growns ◽  
An Yan ◽  
Yuqing Wang ◽  
...  

Automatic facial recognition technology (AFR) is increasingly used in criminal justice systems around the world, yet to date there has not been an international survey of public attitudes toward its use. In Study 1, we ran focus groups in the UK, Australia and China (countries at different stages of adopting AFR) and in Study 2 we collected data from over 3,000 participants in the UK, Australia and the USA using a questionnaire investigating attitudes towards AFR use in criminal justice systems. Our results showed that although overall participants were aligned in their attitudes and reasoning behind them, there were some key differences across countries. People in the USA were more accepting of tracking citizens, more accepting of private companies’ use of AFR, and less trusting of the police using AFR than people in the UK and Australia. Our results showed that support for the use of AFR depends greatly on what the technology is used for and who it is used by. We recommend vendors and users do more to explain AFR use, including details around accuracy and data protection. We also recommend that governments should set legal boundaries around the use of AFR in investigative and criminal justice settings.


2020 ◽  
Vol 2 (1) ◽  
pp. 59-82
Author(s):  
Michaela Mary McGuire ◽  
Ted Palys

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.  


2017 ◽  
Author(s):  
Masahiro Suzuki ◽  
William R Wood

Restorative justice (RJ) encompasses a widely diverging set of practices whereby those most affected by crime are encouraged to meet, to discuss the effects of harms caused by one party to another, and to agree upon the best possible redress of harms when appropriate. In its inception in the late 1970s, RJ was conceptualized and developed as an alternative to formal criminal justice practices. Since this time, however, RJ has largely moved from being an alternative to criminal justice practices to an ‘alternative’ practice within criminal justice systems. This institutionalization has resulted in the significant growth of RJ practices, but has also resulted in RJ being used for criminal justice system goals that are at odds with the needs of victims or offenders. This paper examines the use of the Youth Justice Group Conferencing Program in Victoria, Australia. Drawing from interviews with conference conveners, our research highlights problems related to administrative ‘constraints’ and ‘co-options’ in conferencing in terms of referrals, preparation of conference participants, and victim participation. Following presentation of findings, we concludewith a discussion of implications for the use of RJ within a highly institutionalized setting.


2017 ◽  
Author(s):  
Masahiro Suzuki ◽  
William R Wood

With a focus on the emergence, development, and use of restorative justice (RJ) in Australia and New Zealand, this chapter provides an overview of the types of RJ practices used, their history and implementation in youth and criminal justice systems, and their role in contemporary justice practices. Consideration is also given to major research conducted on the use of RJ in Australia and New Zealand related to RJ goals of victim redress, offender accountability and reintegration, and community involvement in RJ processes. Future directions for research and practice are also provided.


Author(s):  
Chrysanthi S. Leon ◽  
Corey S. Shdaimah

Expertise in multi-door criminal justice enables new forms of intervention within existing criminal justice systems. Expertise provides criminal justice personnel with the rationale and means to use their authority in order to carry out their existing roles for the purpose of doing (what they see as) good. In the first section, we outline theoretical frameworks derived from Gil Eyal’s sociology of expertise and Thomas Haskell’s evolution of moral sensibility. We use professional stakeholder interview data (N = 45) from our studies of three emerging and existing prostitution diversion programs as a case study to illustrate how criminal justice actors use what we define as primary, secondary, and tertiary expertise in multi-agency working groups. Actors make use of the tools at their disposal—in this case, the concept of trauma—to further personal and professional goals. As our case study demonstrates, professionals in specialized diversion programs recognize the inadequacy of criminal justice systems and believe that women who sell sex do so as a response to past harms and a lack of social, emotional, and material resources to cope with their trauma. Trauma shapes the kinds of interventions and expertise that are marshalled in response. Specialized programs create seepage that may reduce solely punitive responses and pave the way for better services. However empathetic, they do nothing to address the societal forces that are the root causes of harm and resultant trauma. This may have more to do with imagined capacities than with the objectively best approaches.


2021 ◽  
Vol 28 (1) ◽  
pp. 36-47
Author(s):  
Jacek Moskalewicz ◽  
Katarzyna Dąbrowska ◽  
Maria Dich Herold ◽  
Franca Baccaria ◽  
Sara Rolando ◽  
...  

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