Unlikely Friends? Oprah Winfrey and Restorative Justice

2005 ◽  
Vol 38 (3) ◽  
pp. 381-399 ◽  
Author(s):  
Kelly M. Richards

In recent years, restorative justice has surfaced as a new criminal justice practice in diverse parts of the world. Often, it appears that these practices have emerged in complete isolation from one another. This prompts us to question what it is that has allowed restorative justice to become an acceptable way of dealing with criminal justice issues, or in Foucault's terms, the ‘conditions of emergence’ of restorative justice. This article explores one of numerous potential ‘conditions of emergence’ of restorative justice — the discourses of the ‘therapeutic’, ‘recovery’, ‘self-help’ and ‘New Age’ movements. It aims to investigate the ways in which the taken-for-granted nature of these discourses have, in part, permitted restorative practices to become an approved way of ‘doing justice’.

Legal Studies ◽  
2011 ◽  
Vol 31 (2) ◽  
pp. 305-325 ◽  
Author(s):  
Jonathan Doak ◽  
David O'Mahony

Restorative justice principles often feature prominently in peace agreements and initiatives to foster reconciliation and peace-building. As part of its own transitional process, Northern Ireland has undertaken a wide-ranging programme of criminal justice reform, whereby restorative practices have become a central response to juvenile offending. Drawing on a major evaluation of the Northern Ireland Youth Conferencing Scheme, this paper suggests that restorative conferencing holds the potential not only to promote reconciliation between victims and offenders, but it may even bolster the legitimacy deficit suffered by criminal justice institutions. Whilst is vital that such schemes continue to foster their engagement with civil society and the wider community, the broader potential of restorative processes to contribute to post-conflict peace-building is considerable, especially in relation to fostering a sense of legitimacy necessary for the operation of society and the institutions of the state.


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.


2011 ◽  
Vol 3 (3) ◽  
pp. 60-77 ◽  
Author(s):  
Marilyn J Gregory

In 2003 the author interviewed 15 experience probation officers from one probation area about the nature of their work as probation officers. These participants had trained in an earlier ‘clinical mode’ of practice, when rehabilitation was to the fore and casework methods were still enshrined in practice. Now they found themselves in a ‘punitive managerialist’ mode of practice. The study found that the participants, through the use of their skills as reflective practitioners, resisted the worst excesses of punitive managerialism and continued to practice in a way that balanced the demands of justice and care. This article looks at their commitment to the worker-client relationship and suggests that it is consonant with an approach to probation practice based upon the desistance paradigm, which in turn fits within a restorative justice framework for criminal justice practice.


2008 ◽  
Vol 26 (1) ◽  
pp. 54
Author(s):  
Lauren Wihak

Restorative justice challenges the traditional outcomes and processes of the criminal justice system. While as a unified theory of punishment restorative justice is notably problematic, elements of it have been incorporated within sentencing regimes around the world. Responding to increasing incarceration rates and disproportionate Aboriginal incarceration rates and in articulating the fundamental purpose and principles of sentencing, Parliament included principles of restorative justice, thanks in part to a belief in its particular application to Aboriginal offenders. The Canadian approach to restorative justice is focused entirely on securing non-custodial outcomes. However, other principles of sentencing, Canadian appellate jurisprudence, further legislative amendment, and the growth of penal populism demonstrate that the Canadian sentencing regime, taken as a whole, precludes this very goal. The author demonstrates that the statutory adoption of restorative justice through the Criminal Code has not had its intended effect: Aboriginal offenders are just as likely to face a term in custody as they were prior to the 1996 amendments. That said, there remains a role for restorative justice. The author argues for a shift to restorative processes. This shift would allow for a continued commitment to restorative justice while alleviating the obstacles associated with an outcome-centered approach. Importantly, it reflects the recognition that the Aboriginal offender can benefit from actively participating in the determination of how best to address his offending. Finally, this approach recognizes that there is a disconnect between the criminal justice system and traditional Aboriginal justice, and reflects factors shown to increase voluntary compliance with the law.La justice réparatrice met en question les résultats et les processus traditionnels du système de justice pénale. Quoique en tant que théorie unifiée de châtiment, la justice réparatrice est notamment problématique, certains de ses éléments ont été incorporés aux systèmes de détermination des peines partout au monde. En réaction aux taux croissants d’incarcération et des taux disproportionnés d’incarcération d’autochtones et en énonçant le but fondamental et les principes de la détermination des peines, le Parlement a inclus des principes de justice réparatrice, en partie à cause de la croyance en son application particulière aux contrevenants autochtones. L’approche canadienne à la justice réparatrice porte entièrement sur l’obtention de résultats sans privation de liberté. Toutefois, d’autres principes de détermination des peines, la jurisprudence des cours d’appel, de nouveaux amendements législatifs et la croissance du sentiment populaire par rapport aux peines démontrent que le système canadien de détermination des peines, dans son ensemble, empêche justement l’atteinte de cet objectif. L’auteur fait voir que l’adoption statutaire de la justice réparatrice dans le Code criminel n’a pas eu l’effet voulu : les contrevenants autochtones ont les mêmes chances de se voir imposer une période de détention qu’ils avaient avant les amendements de 1996. Cela dit, un rôle demeure pour la justice réparatrice. L’auteur argumente en faveur d’un virage vers les processus réparateurs. Ce virage permettrait de maintenir l’engagement envers la justice réparatrice tout en allégeant les obstacles associés à l’approche centrée sur les résultats. Il importe de noter que cela reflète la reconnaissance que le contrevenant autochtone peut bénéficier de participer activement à la détermination de la meilleure façon de traiter de son infraction. Finalement, cette approche reconnaît la discordance entre le système de justice pénale et la justice autochtone traditionnelle, et reflète des facteurs qui ont manifestement augmenté le respect volontaire de la loi.


2019 ◽  
Vol 6 (1) ◽  
pp. 743-761

This paper gives a description of methodologies, practices and principles of narrative practices and an overview of restorative practices as a foundation for a suggested combination of the two approaches in dealing with criminal incidents. It notes similarities between the two approaches, including the importance of stories, involvement of communities and individuals in their own conflicts, rejection of blame, searching the broader social landscape for explanation and influence and acknowledging and accepting contradictory stories. The author sees the two movements as coming from different directions but occupying overlapping territories and identifies — two areas where combined use of the two approaches could be beneficial — at the interface between restorative justice and the courts and in the role of communities in restorative justice practice. It concludes with an invitation to practitioners to test the ideas for cross-fertilisation outlined in the article and to develop programmes that draw from both sets of practices for the benefit of victims, offenders and communities.


2016 ◽  
Vol 5 (4) ◽  
pp. 76-86 ◽  
Author(s):  
Yinzhi Shen

Restorative justice has become a global social movement for criminal justice reform, with over eighty countries adopting some form of restorative justice program to tackle their crime problems. The theory of restorative justice was introduced to the Chinese academia in 2002. So far, various restorative justice programs have been developed in China. This paper aims to systematically review the development of restorative justice in China by analyzing academic literature on restorative justice and key legislative documentations. Major debates in restorative justice among Chinese scholars and a review of the indigenous restorative justice practice, criminal reconciliation (Xingshi Hejie), are provided. The study also analyzes the impetus of this soaring popularity of restorative justice in China, considering the macro social, political and legal background. Last but not least, a review of the major evaluation studies of current programs reveals that little is known about the process of various restorative justice programs from the parties’ own perspective.


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.  


2021 ◽  
pp. 693-717
Author(s):  
Steve Case ◽  
Phil Johnson ◽  
David Manlow ◽  
Roger Smith ◽  
Kate Williams

This chapter describes the key principles of the criminal justice system. These key principles behind the abstract aims of criminal justice include the rule of law, adversarial justice, and restorative justice. The chapter particularly focuses on the rule of law doctrine to illustrate its status as the ultimate authority for democratic systems of justice around the world, but it also reflects on three of its supplementary concepts: an independent judiciary, due process, and human rights. Meanwhile, the traditional adversarial contest in a courtroom between two opposing sides means such hearings can lack impartiality as the role of the judge is limited to ensuring that the rules are followed. The restorative justice principle offers a different dimension, one that prioritises repairing the harms suffered by the injured parties.


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