From Parallel to Intersecting Narratives in Cases of Sexual Assault

2011 ◽  
Vol 22 (3) ◽  
pp. 291-303 ◽  
Author(s):  
Keith V. Bletzer ◽  
Mary P. Koss
Keyword(s):  
Social Justice ◽  
Criminal Justice ◽  
Sexual Assault ◽  
Restorative Justice ◽  
Responsible Person

Restorative justice alternatives to criminal justice are designed to balance the needs of victims, offenders, families, friends, and the community at large to achieve social justice, repair of victims, and deterrence of crime. In the model we evaluated from RESTORE (Responsibility and Equity for Sexual Transgressions Offering a Restorative Experience), each offender and victim received individual services and met in guided conferencing to mutually determine reparative actions for the offender. At the exit meeting, the offender, as the responsible person, read a written apology to the survivor/victim. In this article, we analyze the expression of empathy in the apology, in which the initial mitigation of responsibility in early documents was replaced by acknowledgment of harm to the survivor/victim and acceptance of responsibility for the assault. Those accused of felony rape and those targeting a visible person in cases of misdemeanor indecent exposure expressed greater regret and remorse than offenders of indecent exposure with an indeterminate victim.

A Feminist Call for Transforming the Criminal Justice System

Affilia ◽  
2016 ◽  
Vol 32 (1) ◽  
pp. 37-49 ◽  
Author(s):  
Judith S. Willison ◽  
Patricia O’Brien
Keyword(s):  
United States ◽  
Social Justice ◽  
Criminal Justice ◽  
Social Workers ◽  
Restorative Justice ◽  
Justice System ◽  
Mass Incarceration ◽  
The United States ◽  
Incarcerated Women ◽  
The Past

In the past 30 years, the number of incarcerated women in the United States has increased at a faster rate than that of men. This article outlines the ideologies and mechanisms of the “Prison Nation” and calls on social workers to conceptualize the effects of mass incarceration of women as an urgent social justice issue. We call for feminist social workers to adopt an anti-oppressive orientation to justice-involved women, build social work responses around national reform measures, and advocate for decarceration and restorative justice as a paradigm for responding to women’s involvement in systems which criminalize them.

Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process

2020 ◽  
Vol 9 ◽  
pp. 99-104
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Traditional System ◽  
Common Features ◽  
Legal Method

In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.

Criminal Justice Reform in a Transitional Context: Restorative Youth Conferencing in Northern Ireland

2012 ◽  
Vol 12 (3) ◽  
pp. 549-572 ◽  
Author(s):  
David O’Mahony
Keyword(s):  
Civil Society ◽  
Criminal Justice ◽  
Northern Ireland ◽  
Restorative Justice ◽  
Transitional Justice ◽  
Justice System ◽  
Peace Building ◽  
Youth Justice ◽  
Criminal Justice Reform ◽  
Transitional Environment

This article examines the incorporation of restorative principles and practices within reforms of Northern Ireland’s youth justice system, adopted following the peace process. It considers whether restorative justice principles can be successfully incorporated into criminal justice reform as part of a process of transitional justice. The article argues that restorative justice principles, when brought within criminal justice, can contribute to the broader process of transitional justice and peace building, particularly in societies where the police and criminal justice system have been entwined in the conflict. In these contexts restorative justice within criminal justice can help civil society to take a stake in the administration and delivery of criminal justice, it can help break down hostility and animosity towards criminal justice and contribute to the development of social justice and civic agency, so enabling civil society to move forward in a transitional environment.

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.

Restorative justice in the criminal justice curriculum

2001 ◽  
Vol 12 (2) ◽  
pp. 385-403 ◽  
Author(s):  
Susan L. Smith-Cunnien ◽  
Peter F. Parilla
Keyword(s):  
Criminal Justice ◽  
Restorative Justice
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