scholarly journals Restorative justice and the relationship of perpetrator and victim of crime

Temida ◽  
2015 ◽  
Vol 18 (3-4) ◽  
pp. 131-144
Author(s):  
Aleksandra Bulatovic

Restorative justice as the theoretical foundation of social reaction to crime is one of the key themes of contemporary criminological discourse. The idea of crime as a conflict between perpetrator and victim of crime is included in the core ideas related to the concept of restorative justice, which differs from traditional understanding of crime as a relationship between the state and the individual. This change in perspective on crime points towards social reaction to crime that differs from traditional criminal justice system. As the restoration process of relationship damaged by crime is directly related to possibilities of participation in the very process, institutionalisation of that participation sets the scope of restorative process. In this article, the author points towards the traditional criminal justice and restorative justice processes, focusing the relationship of perpetrator and victim of crime and the process of conflict resolution. The aim of the article is to highlight the conflict perspective as a defining element of the relationship between offender and victim, and to underline the effectiveness of restorative justice as social reaction to crime, which contributes to optimisation of the relationship between the offender and the community.

2011 ◽  
Vol 24 (1) ◽  
pp. 4-7
Author(s):  
Herbert Sturz

This article originally appeared in the Legal Aid Briefcase, February 1967, and was based on Herbert Sturz's testimony before the Senate Subcommittee on Executive Reorganization, December 13, 1966. The primary focus of the Vera Institute of Justice has been on the relationship of poverty to the administration of criminal justice. Well over 50 percent of individuals appearing in the criminal courts of America are indigent, and more are dangerously close. As a neutral private agency, the Vera Institute of Justice has brought together various public agencies in joint programs and experiments to address this issue with action-oriented interventions. This pilot project technique provides great flexibility, allowing planners to adopt successful programs or change the approach on short notice, as needed.


Author(s):  
Mike McConville ◽  
Luke Marsh

This chapter focuses on how Rules hatched in England which governed police–citizen relations helped shape the justice apparatus of occupied states and the actions of officials administering them. In restructuring the relationship of criminal suspects and police to the criminal justice system, English judges rolled out defective procedures, which remain part of the fixture and fittings of those jurisdictions still burdened by the colonial inheritance. This chapter will reveal how senior judges, whether sitting in the Privy Council in London or reposing in the highest courts of former colonial outposts, continue as legal missionaries proselytizing the common law and overseeing the implementation of rules, discredited and long-discarded back home.


Author(s):  
Gray Cavender ◽  
Nancy Jurik

For years, many criminologists have argued that the crime genre misrepresents crime and the criminal justice system, causing misperceptions among the public. However, other scholars have suggested that despite inaccuracies, the crime genre is actually far more reflective of the workings of the criminal justice system than previously thought. This essay traces the relationship of crime genre productions such as novels, film, and television to past and present criminal justice practices and trends. Focusing on three thematic linkage areas between the crime genre and criminal justice practice—science and technology, cultural diversity, and security/insecurity—it demonstrates both opposition and synchronicity in comparisons of the crime genre to real-world crime across time periods. The essay argues that the parallels as well as the divergences between fictional constructions and the “reality” found in criminological analyses can help scholars gain significant insight into the problems in each.


Author(s):  
А.В. Мацук

В статье исследуются события бескоролевья 1733 г. в Речи Посполитой. Согласно «трактату Левенвольде» компромиссным кандидатом на избрание монархом Речи Посполитой был португальский инфант дон Мануэль, которого предложила Австрия. Россия больше склонялась к кандидатуре «пяста». Россия оказалась не подготовленной к началу бескоролевья. Бывшие российские союзники магнаты ВКЛ рассорились с российским послом Фридрихом Казимиром Левенвольде и перешли на сторону Франции. В конце февраля 1733 г. в ВКЛ направили Юрия Ливена, который от имени российской царицы предложил поддержку в получении короны Михаилу Вишневецкому и Павлу Сангушке. Принятое на конвокационном сейме решение об избрании королем «пяста» и католика показало популярность Станислава Лещинского. В результате вслед за Австрией Россия поддержала кандидатом на корону Фридриха Августа. Магнаты ВКЛ до последнего оставались конкурентами о короне. Оппозиция Лещинскому объединилась под лозунгом защиты «вольного выбора» и поэтому в ней остались кандидаты «пясты», которые не могли уступить друг другу, и согласились на компромисс – кандидатуру Фридриха Августа. Для противодействия возможному избранию Лещинского Россия создала в ВКЛ новоградскую конфедерацию. Ее организатором стал новоградский воевода Николай Фаустин Радзивилл. Эта конфедерация становится основой Генеральной Варшавской конфедерации, которая 5 октября 1733 г. избирает королем саксонского курфюрста. The article examines the events of the «kingless» year of 1733 in the Polish-Lithuanian Commonwealth. According to the Levenwolde Treaties the compromise candidate for the Commonwealth’s throne was the Portuguese Infante Don Manuel, who’s candidacy was proposed by Austria. Russia, in turn, leaned towards the «pyasta» candidate. The Russian Empire was clearly unprepared for the start of the kingless period. Russia’s former allies – magnates of the Grand Duchy of Lithuania – came into conflict with the Russian ambassador Frederick Kazimir Levenwolde and sided with France. In late February of 1733, Empress Anna Ioanovna of Russia sent Yuri Liven to the Grand Duchy of Lithuania, who offered official support in the struggle for the crown to Mikhail Vishnevetsky and Pavel Sangushka. The electoral decision made at the Sejm proved the popularity of the «pyast» and Catholic candidates, specifically – Stanislaus Leschinsky. In turn, Russia – following Austria – showed its support for the candidacy of Frederick August. The magnates of the Grand Duchy of Lithuania remained in opposition in the crown issue until the very last. Opposition to Leschinsky was united under the motto of «free choice». For that reason, it was comprised of «pyasta» candidates, who were in a deadlock with one another, and were now ready for the compromise candidacy of Frederick Augustus. In order to counter the possible election of Leschinsky, Russia created the Novograd Confederation in the Grand Duchy of Lithuania. It was organized by the Novograd Voevoda Faustin Radzivill. This confederation became the core of the General Warsaw Confederation that – on October 5th 1733 – elected the Saxon King to the throne of the Polish-Lithuanian Commonwealth.


2020 ◽  
Vol 2 (4) ◽  
pp. 126-130
Author(s):  
N. V. SHAMANIN ◽  

The article raises the issue of the relationship of parent-child relationships and professional preferences in pedagogical dynasties. Particular attention is paid to the role of the family in the professional development of the individual. It has been suggested that there is a relationship between parent-child relationships and professional preferences.


2020 ◽  
Vol 9 ◽  
pp. 99-104
Author(s):  
E. V. Markovicheva ◽  

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.


Author(s):  
Joshua S. Walden

The book’s epilogue explores the place of musical portraiture in the context of posthumous depictions of the deceased, and in relation to the so-called posthuman condition, which describes contemporary changes in the relationship of the individual with such aspects of life as technology and the body. It first examines Alfred Hitchcock’s Vertigo to view how Bernard Herrmann’s score relates to issues of portraiture and the depiction of the identity of the deceased. It then considers the work of cyborg composer-artist Neil Harbisson, who has aimed, through the use of new capabilities of hybridity between the body and technology, to convey something akin to visual likeness in his series of Sound Portraits. The epilogue shows how an examination of contemporary views of posthumous and posthuman identities helps to illuminate the ways music represents the self throughout the genre of musical portraiture.


2012 ◽  
Vol 12 (3) ◽  
pp. 549-572 ◽  
Author(s):  
David O’Mahony

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.


2003 ◽  
Vol 36 (1) ◽  
pp. 60-76 ◽  
Author(s):  
Kate Warner ◽  
Jenny Gawlik

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.


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