scholarly journals Myths of restorative features in the Japanese justice system and society: the role of apology, compensation and confession, and application of reintegrative shaming

2017 ◽  
Author(s):  
Masahiro Suzuki ◽  
Akinori Otani
Keyword(s):  
Restorative Justice ◽  
Rapid Growth ◽  
Critical Analysis ◽  
Justice System ◽  
Reintegrative Shaming

Restorative justice (RJ) has experienced rapid growth. Along with its development, myths about RJ have emerged. Although several scholars have challenged these, two myths about restorative features in the Japanese justice system and society—(1) the role of apology, compensation and confession; and (2) the application of reintegrative shaming—arguably remain pervasive. In this paper, we aim to advance a critical analysis of these two ostensibly restorative features of the Japanese justice system and society. We argue that the reality is more nuanced. We conclude by analysing why these myths have emerged and what functions they have performed.

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>

Victimhood, Dignity, and the Criminal Justice System: A Comment

2011 ◽  
Vol 44 (1-2) ◽  
pp. 301-313 ◽  
Author(s):  
Leslie Sebba
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
System A ◽  
Meaningful Role ◽  
Alternative Remedies

While this comment primarily addresses the article by Anat Horovitz and Thomas Weigend on human dignity and victims' rights in the German and Israeli criminal process, it begins with a consideration of the role of the victim in other component parts of the criminal justice system, and in particular the substantive criminal law—a topic addressed in other articles included in this issue. There follows a review of the comparative analysis of the victim's role in Germany and Israel put forward by Horovitz and Weigend and a critique of the issues they raise, particularly as to the salience of the victim's procedural role. It is argued here that the victim should have a somewhat more meaningful role than that envisaged by these authors. The comment concludes with a brief consideration of the potential for the advancement of alternative remedies currently neglected by both systems, such as restorative justice.

scholarly journals Implementation of Transcendental-Based Juvenile Criminal Sanctions

2021 ◽  
Vol 3 (1) ◽  
pp. 50-62
Author(s):  
Agatha Jumiati
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Crime ◽  
Criminal Sanctions ◽  
Legal Problems

The development of law in Indonesia is carried out based on the noble values contained in the precepts of Pancasila. These noble values are actually an inseparable part of transcendental values. Transcendental thought is an alternative to answer the failure of the positivistic view in solving legal problems in society. Regarding the implementation of juvenile criminal sanctions which commit criminal acts as regulated by Law number 11 of 2012 concerning the Juvenile Criminal Justice System, it turns out that in its regulation it has implemented transcendental values by placing child as noble creatures created by God who must always be guided and protected even though they have been or have committed a mistake or crime. Regulations on diversion, restorative justice, strengthening the role of the correctional center and the types of crimes that are humane are evidence that the implementation of juvenile criminal sanctions in Indonesia has contained transcendental values. Keywords: Implementation of Sanctions, Transcendental, Juvenile Crime 

scholarly journals Triage: line or nets? Early intervention and the youth justice system

2014 ◽  
Vol 13 (4) ◽  
pp. 147-160 ◽  
Author(s):  
Sarah Soppitt ◽  
Adele Irving
Keyword(s):  
Restorative Justice ◽  
Justice System ◽  
Design Methodology ◽  
Qualitative Data ◽  
Youth Justice ◽  
Content Type ◽  
The Impact ◽  
First Time

Purpose – The purpose of this paper is to present a discussion of the value of early diversion schemes, underpinned by the principles of restorative justice (RJ), for First Time Entrants (FTEs) into the criminal justice system (CJS). Design/methodology/approach – The paper focuses specifically on the findings of a 12-month study into the introduction of “Triage” by one Youth Offending Team (YOT) in the northeast of England. Findings – Re-offending data suggested that Triage is more effective in reducing re-offending than conventional justice practices, due to the restorative nature of the scheme. However, the qualitative data raised a number of issues, particularly relating to problems of “net-widening” and the impact of recording processes on young people's desistance, as well as the role of victim engagement in the process. These issues could undermine the long-term effectiveness of Triage and its successful application within other youth justice contexts. Originality/value – The paper aims to contribute further understanding regarding the impacts of RJ practices on reducing re-offending compared to traditional processes, and in particular, consider the role of implementation issues in the production of outcomes and impacts.

British Asian Girls, Crime and Youth Justice

Youth Justice ◽  
2009 ◽  
Vol 9 (3) ◽  
pp. 239-253 ◽  
Author(s):  
Sunita Toor
Keyword(s):  
Restorative Justice ◽  
Justice System ◽  
Young Offenders ◽  
Youth Justice ◽  
Insight Into

This article provides an understanding of the role of honour ( izzat) and shame ( sharam) in the lives of British Asian girls. It indicates key facets embedded in izzat and sharam that determine and shape the experience of punishment for Asian criminal girls in Britain. In addition, the article provides an insight into why, as a consequence of izzat and sharam, Asian girls are especially invisible as offenders in the youth justice system. Finally, an understanding of izzat and sharam highlights the limitations of using restorative justice practices with Asian young offenders.

scholarly journals A BALANCING ACT FOR THE PROSECUTOR: Restorative justice, criminal justice and access to justice

2016 ◽  
Author(s):  
Hema Hargovan
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
South African ◽  
Justice System ◽  
Correctional Facilities ◽  
Access To Justice ◽  
Kwazulu Natal ◽  
Popular Television ◽  
Trial Phase

An international appraisal of prosecutors’ perceptions depicts a uniform tendency for prosecutors to see their role as one of ‘presenting evidence in court to get convictions, rather than promoting problem solving’. Many young law graduates dream of a courtroom battle similar to those in popular television series, which tend to glorify the role of the prosecutor in a dramatic depiction of good versus bad. However, reality soon sets in regarding the numerous challenges faced in the criminal justice system. Court backlogs, high case loads, delays in processing huge numbers of remand offenders, and overcrowded correctional facilities plague the system. It is probably within this context that restorative approaches to justice in the pre-trial phase became attractive for the South African prosecutor. This article examines prosecutorial engagement with restorative approaches to justice, and more specifically the KwaZulu-Natal Justice and Restoration Programme.

scholarly journals PENERAPAN KEADILAN RESTORATIF DALAM SISTEM PERADILAN PIDANA ANAK DI INDONESIA

2013 ◽  
Vol 2 (2) ◽  
pp. 247
Author(s):  
Hasbi Hasan
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Requirements ◽  
Basic Principles ◽  
Whole Process ◽  
Peaceful Settlement ◽  
Common Misconceptions

One of the most significant changes contained in the UU No. 11 Tahun 2012 One of the most significant changes contained in the UU No. 11 Tahun 2012 is to accomodate principles of restorative justice and the principle of diversion in the juvenile justice system . Nevertheless, the application of the principles of restorative justice in the juvenile justice system are set out in the UU No. 11 Tahun 2012, tend to be partial and non-exhaustive . This is caused by the presence of common misconceptions in the understanding of restorative justice as an attempt to seek a peaceful settlement of the conflict out of court . This study shows that restorative justice is essentially complement rather than replace the criminal justice system . Therefore , restorative justice programs can be integrated into the whole process of juvenile justice without compromising the basic principles and main objectives of restorative justice , and at the same time , did not downplay the role of juvenile justice system that is based on formal legal requirements. Keywords: restorative justice, juvenile justice, crime, diversion.

scholarly journals Police restorative approach in the juvenile justice system

Temida ◽  
2010 ◽  
Vol 13 (3) ◽  
pp. 41-55
Author(s):  
Vesna Stefanovska
Keyword(s):  
Juvenile Offenders ◽  
Juvenile Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
International Standards ◽  
Basic Principles ◽  
Foreign Expert ◽  
Different Response

Restorative justice is a new, different response to crime, response that offers and tries to establish justice again. Not going into aims, impact and basic principles of restorative justice, as well as into substance of different restorative practices, in this article we will concentrate on restorative interventions that lead to avoidance of the formal justice system. Concretely, we will analyze the role of the police in applying restorative interventions in the juvenile justice system. Particular emphasis will be put on the meaning and the aim of diversion procedures towards juvenile offenders that have committed minor offences and more serious ones for which they come in conflict with the law. In the foreign expert literature the concept of restorative policing is recognized (restorative approach in police conduct), as an attempt to introduce a new reform in performing police affairs. This subject should be approached very carefully and fundamentally, if we want consistent implementation of the new tendency and practices in the juvenile justice systems in accordance with the international standards.

scholarly journals Implementing Restorative Justice Under the Retributive Paradigm

SAGE Open ◽  
2017 ◽  
Vol 7 (1) ◽  
pp. 215824401769156 ◽  
Author(s):  
Patrick Gerkin ◽  
John Walsh ◽  
Joseph Kuilema ◽  
Ian Borton
Keyword(s):  
Restorative Justice ◽  
Justice System ◽  
Essential Role ◽  
Fast Track ◽  
Lessons Learned ◽  
Key Stakeholders ◽  
Personal Reflections ◽  
Midwestern City

This article explores the implementation of a pilot program in restorative justice in a medium-sized Midwestern city. Through an examination of meeting minutes, interviews, and the personal reflections of the authors, this article examines the implementation of a victim–offender mediation program, referred to throughout the article as the Fast Track Accountability Program (FTAP). Presented as a case study, the authors describe the key stakeholders, the process, the obstacles, as well as lessons learned along the way. Particular attention is given to the essential role of strong leadership and to the challenges faced when implementing such a program within the bureaucracy of the current, retributive, criminal justice system.

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