Examining the Effectiveness of a Restorative Justice Program for Various Types of Juvenile Offenders

2012 ◽  
Vol 57 (9) ◽  
pp. 1054-1075 ◽  
Author(s):  
Kathleen J. Bergseth ◽  
Jeffrey A. Bouffard
Keyword(s):  
Juvenile Offenders ◽  
Restorative Justice ◽  
Justice Program

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).

Motivation and Outcomes for University Students in a Restorative Justice Program

2014 ◽  
Vol 51 (4) ◽  
pp. 364-379 ◽  
Author(s):  
Meghan Gallagher Dahl ◽  
Peter Meagher ◽  
Stacy Vander Velde
Keyword(s):  
University Students ◽  
Restorative Justice ◽  
Justice Program

Disciplinary Dissent: The Troubled Implementation of a Restorative Justice Program at E.C. Johnson High School

2020 ◽  
pp. 155545892096671
Author(s):  
Alounso A. Gilzene
Keyword(s):  
School Districts ◽  
Restorative Justice ◽  
Management Strategies ◽  
Leadership Preparation ◽  
School Leader ◽  
Restorative Practices ◽  
Behavioral Management ◽  
Alternative Discipline ◽  
Procedural Change ◽  
Justice Program

As many schools and school districts across the nation consider replacing traditional behavioral management strategies with restorative practices, this case asks the readers to consider the challenges a school leader may face when attempting to implement school-wide procedural change. In this case, a school leader faced with race-based discipline disparities attempts to challenge this nationwide trend by bringing in a local organization to conduct restorative justice facilitation and reduce the school’s out-of-school suspension numbers. This proves to be challenging due to the systems that existed prior to this change and her difficulties in getting buy-in from her staff. This case may be used in leadership preparation courses as an example of the complexity and considerations involved when implementing restorative justice as an alternative discipline strategy.

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.

New Zealand Police and Restorative Justice Philosophy

2004 ◽  
Vol 50 (2) ◽  
pp. 189-213 ◽  
Author(s):  
L. Thomas Winfree
Keyword(s):  
New Zealand ◽  
Juvenile Offenders ◽  
Restorative Justice ◽  
Sense Of Community ◽  
Police Officers ◽  
Representative Sample ◽  
Officer Attitudes

In New Zealand, selected sworn police officers called youth aid officers participate in discussions and deliberations concerning the actions required to restore the sense of community balance upset by the actions of juvenile offenders. The author explores a representative sample of all sworn police officers serving in the New Zealand Police, including a subsample of youth aid officers, looking at the nature of support for the philosophical underpinnings of restorative justice and the likely impact of such work and values on officer attitudes toward the workplace. A 1996 management survey of all branches of the New Zealand national policing organization contained a number of specific questions that tap dimensions of both restorative justice philosophy and workplace orientations. This study represents a descriptive examination of these self-reported perspectives for all sworn officers, including breakdowns by selected personal-biographical variables. Implications for the implementation of restorative justice practices within a policing organization are discussed.

scholarly journals PERLINDUNGAN KORBAN MELALUI KOMPENSASI DALAM PERADILAN PIDANA ANAK

2020 ◽  
Vol 5 (1) ◽  
pp. 119-136
Author(s):  
Hafrida Hafrida ◽  
Helmi Helmi
Keyword(s):  
Juvenile Offenders ◽  
Restorative Justice ◽  
Criminal Law ◽  
Criminal Court ◽  
The State ◽  
State Responsibility ◽  
Crime Victim ◽  
Victims Of Crime ◽  
Victim Protection ◽  
Empirical Condition

ABSTRAKArtikel ini bertujuan untuk menganalisis konsep perlindungan korban melalui kompensasi dalam peradilan pidana anak sebagai wujud tanggungjawab negara. Peradilan Pidana Anak di Indonesia melalui Undang-Undang Nomor 11 Tahun 2012 mengedepankan penyelesaian perkara anak melalui keadilan restoratif yang memberikan perlindungan yang seimbang antara perlindungan pelaku anak melalui diversi dan perlindungan korban tindak pidana anak. Diversi yang memberikan perlindungan yang seimbang antara pelaku dan korban ini merupakan pembaharuan dalam hukum pidana anak yang berkeadilan untuk semua pihak (Victim-offender oriented). Keterlibatan korban/keluarganya dan pelaku/keluarganya sangat menentukan berhasil atau tidaknya diversi dalam penyelesaian perkara anak. Posisi pelaku/keluarganya dan korban/keluarganya adalah sejajar. Kepentingan kedua belah pihak harus sama dan seimbang. Perlindungan korban melalui kompensasi merupakan wujud tanggungjawab negara terhadap warga negara yang menjadi korban tindak pidana. Kondisi empirik menurut data Badilum MA menunjukan rendahnya keberhasilan diversi (4%), kegagalan diversi ini penyebab utamanya adalah tidak tercapainya kesepakatan ganti kerugian karena kesepakatan diversi hanya diserahkan sepenuhnya pada kesepakatan pelaku dan korban. Disinilah menunjukan bahwa negara abai terhadap perlindungan korban, seharusnya ketika negara melindungi kepentingan pelaku anak melalui diversi maka seharusnya negara juga menjamin perlindungan korbannya melalui kompensasi, sehingga ke depan diharapkan tingkat keberhasilan diversi akan semakin baik. Kata kunci: kompensasi; korban tindak pidana; peradilan pidana anak; perlindungan korban. ABSTRACT This article aimed to analyze the concept of victim protection through compensation in juvenile criminal justice as a form of state responsibility. Juvenile Criminal Court in Indonesia through Law Number 11 of 2012 prioritizes the settlement of juvenile cases through restorative justice providing balanced protection between juvenile offenders through diversion and protection for victims of juvenile crimes through reform of juvenile criminal law that is just for all parties (victim-offender oriented). The involvement of the victim and his family and the perpetrator and his family will greatly determine the success or failure of diversion in solving juvenile cases. The position of the perpetrator and his family and the victim and his family are equal. The interests of both parties should be equal and balanced. Protection of victims through compensation is a form of state responsibility towards citizens who are victims of criminal acts. The empirical condition according to Badilum's data showed the low success of diversion (4%). The failure of this diversion is the main cause of the failure to reach an agreement for compensation because the diversion agreement is only left to the agreement of the perpetrator and victim. This showed that the state was ignorant of victim protection. When the state protects the interests of juvenile through diversion, the state should also guarantee the protection of the victims through compensation. Hence, the success rate of diversion will hopefully be better in the future. Keywords: compensation; juvenile criminal court; victims of crime; victim protection.

scholarly journals OPTIMIZING RESTORATIVE JUSTICE PROGRAM FOR THE BEST INTEREST OF THE CHILDREN IN REFORMING JUVENILE JUSTICE SYSTEM IN UTAH

2019 ◽  
Vol 27 (2) ◽  
pp. 242
Author(s):  
Cekli S Pratiwi
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Constitutional Rights ◽  
Legal Counsel ◽  
Best Interest ◽  
Justice Program ◽  
The Right ◽  
Special Protection

This study examine first, to what extent the fully restorative justice system could be implemented in the Utah’s JJS  and supported by the legislations so that the minor can enjoy a special protection while they still have the opportunity to participate actively with accountability in solving the problem  without destroy their freedom and dignity and can bring more benefit to their best interest. Second, to what extent the right to legal counsel could help the minor to enjoy their constitutional rights as well as to seek a better solution of their problem. The research done by observing the review hearing, pre-trial, petition, trial at the Fourth Judicial District Courthouse Provo and the detention hearing at Slate Canyon Youth Center. The data is also collected from various secondary resources such as the Utah Statutes, the international and regional instruments. There is an opportunity for the JJS Utah county to shift from applying the partly to the fully RJP specially for truancy or misdemeanor cases and the right to access public defender should be automatically granted to the minors.

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