scholarly journals Restorative Justice: A New Paradigm for Criminal Justice Policy

2003 ◽  
Vol 34 (1) ◽  
pp. 91 ◽  
Author(s):  
Donald J Schmid
Keyword(s):  
United States ◽  
New Zealand ◽  
Criminal Justice ◽  
Restorative Justice ◽  
Common Law ◽  
The United States ◽  
Criminal Justice Policy ◽  
New Paradigm ◽  
Traditional Approaches

In this article, Donald Schmid reviews trends towards restorative justice across several common law jurisdictions, most notably New Zealand and the United States. He examines different models of restorative justice and concludes that, while none of these practices will completely eliminate the need for other, court-based criminal justice processes, they have a large number of practical and social advantages over more traditional approaches.

The Violence of Inequality: Race and Lobbying in the Politics of Crime and Criminal Justice in the United States

2021 ◽  
pp. 68-93
Author(s):  
Sappho Xenakis ◽  
Leonidas K. Cheliotis
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Policy Making ◽  
Political Process ◽  
The United States ◽  
Reciprocal Relationship ◽  
Criminal Justice Policy ◽  
The Political ◽  
The Us

There is no shortage of scholarly and other research on the reciprocal relationship that inequality bears to crime, victimisation and contact with the criminal justice system, both in the specific United States context and beyond. Often, however, inequality has been studied in conjunction with only one of the three phenomena at issue, despite the intersections that arguably obtain between them–and, indeed, between their respective connections with inequality itself. There are, moreover, forms of inequality that have received far less attention in pertinent research than their prevalence and broader significance would appear to merit. The purpose of this chapter is dual: first, to identify ways in which inequality’s linkages to crime, victimisation and criminal justice may relate to one another; and second, to highlight the need for a greater focus than has been placed heretofore on the role of institutionalised inequality of access to the political process, particularly as this works to bias criminal justice policy-making towards the preferences of financially motivated state lobbying groups at the expense of disadvantaged racial minorities. In so doing, the chapter singles out for analysis the US case and, more specifically, engages with key extant explanations of the staggering rise in the use of imprisonment in the country since the 1970s.

Golden Age of Psychodrama at Saint Elizabeths Hospital (1939–2004)

2017 ◽  
Vol 65 (1) ◽  
pp. 9-32
Author(s):  
Dale Richard Buchanan ◽  
David Franklin Swink
Keyword(s):  
United States ◽  
New Zealand ◽  
Criminal Justice ◽  
Law Enforcement ◽  
The United States ◽  
The Body ◽  
Theory And Practice ◽  
Body Of Knowledge ◽  
The World ◽  
Elizabeths Hospital

The Psychodrama Program at Saint Elizabeths Hospital (SEH) was founded by J. L. Moreno, MD, and contributed to the profession for 65 years. A strong case can be made that, next to the Moreno Institute, the SEH psychodrama program was the most influential center for psychodrama in the United States and the world. This article describes those contributions, including training 16% of all certified psychodramatists; enhancing and advancing the body of knowledge base through more than 50 peer-reviewed published articles or book chapters; pioneering the use of psychodrama in law enforcement and criminal justice; and its trainees making significant contributions to the theory and practice of psychodrama including but not limited to founding psychodrama in Australia and New Zealand.

Fundamental Values of Criminal Procedure

2019 ◽  
pp. 24-42
Author(s):  
Richard Lippke
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Human Dignity ◽  
Common Law ◽  
Civil Law ◽  
Criminal Procedure ◽  
The United States ◽  
The World ◽  
The Common ◽  
Fundamental Values

This chapter examines the fundamental values that ought to inform criminal procedure. More specifically, it considers what we ideally should want from the rules and procedures that exist in legal jurisdictions throughout the world. Three fundamental values are discussed—human dignity, truth, and fairness—and the ways in which they can be upheld or subverted by criminal justice practices. Illustrations are drawn primarily from the United States, but reference is also made to criminal procedure in other countries, including those in the civil law tradition. The article concludes by analyzing two further candidates for inclusion on the list of fundamental values of criminal procedure: the “effectiveness” of criminal procedure and the value of “expertise” that highlights the distinction between the common law and civil law traditions.

scholarly journals The scope of rights of appeal (not recourse) from arbitration awards

2021 ◽  
Author(s):  
◽  
Benjamin Suter
Keyword(s):  
United States ◽  
United Kingdom ◽  
New Zealand ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
The United Kingdom ◽  
Law Courts ◽  
Model Law ◽  
The Right

<p>This paper examines the scope of rights of appeal from arbitration awards in New Zealand, Singapore, Switzerland, the United Kingdom and the United States.  In countries that have drafted their legislation after the UNCITRAL Model Law appeals are often excluded and only recourse based on very narrow grounds is available. While many countries are more permissive with regards to appeals than the Model Law in that they allow the parties to opt for more expansive review, none of the examined jurisdictions give the parties the right to opt for appeals on questions of law and fact.  In several cases parties have tried to expand the rights of appeal by agreement. Such agreements are deemed invalid in all jurisdictions. When examining whether the invalid clause renders the entire arbitration agreement invalid, courts in common law jurisdictions have applied the doctrine of severance in some variations. Civil law courts usually examine whether the parties would have concluded the contract without the invalid clause (“but for”-test).  This paper suggests that many of these tests are not suitable for arbitration agreements where the parties do not exchange considerations but rather promise one another exactly the same. The preferable approach is to combine the “but for”-test with a test that assesses if severance alters the nature of the agreement.</p>

Restorative Justice and Violence Against Women in the United States

2017 ◽  
pp. 63-84 ◽  
Author(s):  
Lorenn Walker ◽  
Cheri Tarutani
Keyword(s):  
United States ◽  
Intimate Partner Violence ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Restorative Justice ◽  
Violence Against Women ◽  
Partner Violence ◽  
Black People ◽  
The United States ◽  
Intimate Partner

Opposition to using restorative justice to address violence against women mainly concerns the fear that women will be re-victimized if they engage with men who endangered them. While law enforcement and criminal justice approaches are necessary to address violence against women, women's choices about when and how to use law enforcement and prosecution to address violence against them, should be respected. Exclusive criminalization of violence against women has not protected many and has further harmed marginalized and Black people. To address intimate partner violence, victims' needs for healing must be met including when the victim-offender overlap applies and an offender is also a victim. Ignoring healing perpetuates violence. Applying restorative justice and its foundational questions, during direct meetings between victims and offenders, or when they meet separately, can address the victim-offender overlap, reduce reliance on punishment, and increase healing.

scholarly journals Trade Union Recognition and Australia’s Neo-Liberal Voluntary Bargaining Laws

2003 ◽  
Vol 57 (2) ◽  
pp. 225-251 ◽  
Author(s):  
Ron McCallum
Keyword(s):  
United States ◽  
New Zealand ◽  
Trade Union ◽  
Trade Unions ◽  
Common Law ◽  
Industrial Relations ◽  
The United States ◽  
Recognition Mechanism ◽  
The Common ◽  
The Right

Summary When Australia deregulated its economy in the 1980s, political pressures built up leading in the 1990s to the dismantling of Australia’s industry-wide conciliation and arbitration systems. New laws established regimes of collective bargaining at the level of the employing undertaking. This article analyzes the 1993 and 1996 federal bargaining laws and argues that they fail to protect the right of trade unions to bargain on behalf of their members. This is because the laws do not contain a statutory trade union recognition mechanism. The recognition mechanisms in the Common Law countries of the United States, Canada, Britain and New Zealand are examined, and it is argued that Australia should enact trade union recognition mechanisms that are consonant with its industrial relations history and practice.

Freedom of Proof and the Reform of Criminal Evidence

1997 ◽  
Vol 31 (1-3) ◽  
pp. 439-463 ◽  
Author(s):  
William Twining
Keyword(s):  
United States ◽  
New Zealand ◽  
Common Law ◽  
The United States ◽  
The Subject ◽  
Legislative Changes ◽  
Evidence And Proof ◽  
Law Of Evidence ◽  
New Evidence ◽  
Historical Origins

In recent years reform of the Law of Evidence has been the subject of renewed interest in many common law countries. Since the adoption of the Federal Rules, debate about wholesale reform has been relatively muted in the United States. But this is exceptional. Major reports have been produced in Australia, New Zealand, Canada, Scotland, and England. With the exception of Canada, most of these have led, or are likely to lead, to significant legislative changes. This period of reformist activity has coincided with a greatly increased interest in theoretical aspects of evidence and proof, sometimes referred to as “The New Evidence Scholarship”. The historical origins of these two movements are rather different, but their ways of talking and thinking about the subject are, of course, intimately connected.

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