scholarly journals Anti-Oppressive Restorative Justice: Behavior Analysis in Alternatives to Policing

2021 ◽  
Author(s):  
Worner Leland ◽  
August Stockwell
Keyword(s):  
Behavior Change ◽  
Prosocial Behavior ◽  
Behavior Analysis ◽  
Restorative Justice ◽  
Justice System ◽  
Systematic Examination ◽  
History Of ◽  
Significant Change

The history of American policing, behavior criminalization, and carceral justice is rooted in racist practice dating back to the 1700s. In addition to racially disproportionate punishment doled out by these systems, they are not designed to support behavioral punishment of harm or reinforcement of prosocial behavior for socially significant change. One alternative to this retributive carceral justice system is Restorative Justice. This paper offers a conceptually systematic examination of Restorative Justice for behavior change, an examination of the functional utility of various restorative approaches, alignment of Restorative Justice with behavior analytic ethics, and suggestions for incorporating anti-oppressive practices.

RESTORATIVE JUSTICE WITH YOUTH SEX OFFENDERS: ISSUES FOR PRACTICE

2017 ◽  
Vol 26 (2) ◽  
pp. 241-259
Author(s):  
Thulane Gxubane
Keyword(s):  
Sex Offenders ◽  
Restorative Justice ◽  
South African ◽  
Justice System ◽  
Work Practice ◽  
Social Work Practice ◽  
Youth Offenders ◽  
African Child ◽  
Doctoral Study ◽  
South African Child

The South African child justice system has adopted the philosophy of restorative justice in the management of child and youth offenders in general as reflected in the preamble of the Child Justice Act 75 of 2008. Whilst restorative justice has been easily applied to less serious youth crimes generally, there seems to be some reservations regarding its appropriateness to dealing with youth sex offenders. This article looks at restorative justice approach within the context of diversion and seeks to highlight practice issues that need to be considered with regard to the application of the aforementioned approach in dealing with youth sex offenders. The article draws from the findings of a Doctoral study that the author conducted which explored this area of social work practice.

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.

Variación y cambio en la formalización de la interrogación retórica en la historia del español

2020 ◽  
Vol 136 (4) ◽  
pp. 1085-1113
Author(s):  
Andrés Enrique-Arias
Keyword(s):  
Biblical Hebrew ◽  
Systematic Examination ◽  
History Of

AbstractThis paper aims to investigate the specific mechanisms that contribute to formalizing the rhetorical interpretation of interrogative sentences throughout the history of Spanish. To this end, data from a corpus of biblical translations from the 13th to the 20th centuries are analyzed. As Biblical Hebrew and Latin use explicit elements to signal direct polar questions, it is relatively easy to locate a large number of passages with interrogative sentences, and then, examine the distribution of the translation equivalents used in the Spanish versions. The interrogative particles of Hebrew and Latin thus articulate a grammaticalized procedural meaning for which Spanish does not have an equivalent explicit marker. The systematic examination of the strategies that Spanish translators use to adapt these structures to their vernacular is therefore a way of accessing the intuitions of speakers from different periods in the history of Spanish in regard to the formulation of the rhetorical interrogative.

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.

‘I Would Have Been Able to Hear What They Think’: Tensions in Achieving Restorative Outcomes in the English Youth Justice System

Youth Justice ◽  
2011 ◽  
Vol 11 (3) ◽  
pp. 250-265 ◽  
Author(s):  
Alex Newbury
Keyword(s):  
Restorative Justice ◽  
Justice System ◽  
Young Offenders ◽  
Structured Interviews ◽  
Youth Justice ◽  
Face To Face ◽  
Present Practice ◽  
English System ◽  
Youth Offender

This article presents findings from in-depth, semi-structured interviews with young offenders and Victim Liaison Officers, and observations of youth offender panels. It focuses upon the attitudes of young offenders towards victims and their reactions to the prospect of meeting the victim of their offending face-to-face as part of their referral order. Significant tensions between the aspirations of restorative justice and the reality of present practice in the English system are examined. The article proposes change in relation to justice disposals for incipient young offenders, particularly in relation to the ubiquitous use of restorative justice approaches for this group.

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.

scholarly journals RESTORATIVE JUSTICE SEBAGAI ALTERNATIF PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA

2009 ◽  
Vol 39 (2) ◽  
pp. 238
Author(s):  
Rena Yulia
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Violent Crime ◽  
Justice System ◽  
Legal Protection ◽  
The Right

AbstractThe victim of domestic violence had needed of protection concept thatdifferent with another victim of violent crime. Participation of victim haswant to give justice for all. It is, because punishment to offender brings theimpact for victim. Restorative justice is a concept in criminal justice systemwhich is participation victim with it. The present of criminal justice system isthe offender oriented. Victim has not position to considerate offenderpunishment. Only offender can get the right and the victim hopeless. In thedomestic violence, victim and offender have relationship. Because there area family. · So, probability they have some interest in economic and relation.When wife become a victim and husband as offender, his wife hasdependency economic from her husband. It means, if husband get a decisionfrom judge, his wife will be suffer. Domestic violence is different crime. So, itis necessQ/y to made some different concept. In this article, will discussedabout alternative of legal protection for victim of domestic violence incriminal justice system to protect the victim

scholarly journals Peranan Kepolisian dalam Penerapan Restorative Justice terhadap Pelaku Tindak Pidana Pengeroyokan yang Dilakukan oleh Anak dan Orang Dewasa

2019 ◽  
Vol 5 (1) ◽  
pp. 32
Author(s):  
Haryanto Ginting ◽  
Muazzul Muazzul
Keyword(s):  
High School ◽  
High School Students ◽  
Law Enforcement ◽  
Restorative Justice ◽  
Justice System ◽  
Law Enforcement Officers ◽  
School Students ◽  
Criminal Offenses ◽  
Law And Justice

<p class="1judul"><em><span>The Role of the Police in the Application of Restorative Justice to Perpetrators of Criminal Offenses Conducted by Children and Adults</span></em></p><p class="1judul"> </p><h1><span lang="EN-US">The rise of cases of brawl between high school students and even not only between high school students, but also has hit up to campuses, this often happens in big cities such as Jakarta, Surabaya, and Medan. This study aims to determine the role of the Police in implementing Restorative Justice against perpetrators of criminal acts of beating carried out by children and adults that occurred in the District of Namo Rambe District of Deli Serdang. The research method is done by using descriptive qualitative method that is normative. Based on the data obtained in the results of this study, the authors draw conclusions as follows: The criminal justice system must always promote the importance of law and justice. But there is a false view that the measure of the success of law enforcement is only marked by the success of bringing a suspect to court and then being sentenced. The measure of success of law enforcement by law enforcement officers should be characterized by the achievement of values of justice in the community. The police as a state tool that plays a role in enforcing the law is expected to be able to respond to this by implementing a Restorative Justice mechanism.<strong></strong></span></h1>

scholarly journals A history of Malawi’s criminal justice system: from pre-colonial to democratic periods

Fundamina ◽  
2020 ◽  
Vol 26 (2) ◽  
pp. 288-336
Author(s):  
Lewis Chezan Bande
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Late Nineteenth Century ◽  
Historical Period ◽  
Past Century ◽  
Limited Government ◽  
Correctional Services ◽  
Procedural Law ◽  
History Of

This contribution traces the historical development of the criminal justice system in Malawi, from the pre-colonial period, through the colonial and independence periods, to the contemporary democratic period. It highlights the major political hallmarks of each historical period and their impact on the development of the criminal justice system. The contribution shows that all aspects of the current criminal justice system – substantive criminal law, procedural law, criminallaw enforcement agencies, courts and correctional services – are products of political and constitutional processes and events of the past century. Their origins are directly traceable to the imposition of British protectorate rule on Nyasaland in the late nineteenth century. The development of the Malawian criminal justice system since then has been heavily influenced by the tension and conflict of colonialism, the brutality of one-party dictatorship and the country’s quest for a constitutional order that is based on liberal principles of democracy, rule of law, transparency and accountability, respect for human rights, limited government and equality before the law. To properly understand Malawi’s current criminal justice system, one has to know and appreciate its historical origins and development.

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