scholarly journals Basis and Practices of Restorative Justice: The Case of the Ethiopian Criminal Justice System

2020 ◽  
pp. 01-11
Author(s):  
Negesse asnake Ayalew
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Sampling Technique ◽  
Plea Bargaining ◽  
Research Approach ◽  
Criminal Cases ◽  
Governmental Institutions ◽  
Document Review

Purpose of the study: The Ethiopian criminal justice system views crime as an offense against the state. and is not allowed the participation of the victim and the community and also win-loss outcome. Scholars have established the concept of restorative justice which views crime as a violation of the relationship among the victims, offenders and community. Therefore, the purpose of this paper is to assess the legal and institutional basis and practice of restorative justice in Ethiopia. Methodology: This study employs a qualitative research approach and descriptive research design. The population of this study includes the victims, offenders, criminal justice system components and traditional dispute resolver. Data was collected through document review and the interview of five individuals selected through the purposive sampling technique. The collected data was then analyzed thematically. Main Findings: The results show that different governmental institutions such as the house of federation, peace minster, police, court, general attorney, and reconciliation commission have a legal recognition to apply restorative justice values and principles. Meanwhile, traditional conflict resolution mechanisms and alternative dispute resolution mechanisms have defector recognition to resolve criminal cases. Research limitations/implications: The models of restorative justice in Ethiopia entail compromise, withdrawal of charge, probation, pardon, amnesty, plea bargaining, shuttle diplomacy, suspect rehabilitation and reconciliation based on different laws. Therefore, the house of people representative should enact a comprehensive law on restorative justice. The police and general attorney should create awareness about restorative justice. Novelty/Originality of this study: Restorative justice has many benefits, but the concept itself has not been studied in detail. This study is the first of its kind to examine restorative justice in detail in the context of Ethiopia.

The readiness of various communities for the implementation of restorative justice in the community setting: A perspective of community organization

2018 ◽  
Vol 63 (3) ◽  
pp. 386-398
Author(s):  
Taufik Mohammad
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Community Organization ◽  
Community Setting ◽  
Offender Rehabilitation ◽  
Community Members ◽  
Criminal Cases

The method of community organization can be used to implement restorative justice within the community. This study aimed at understanding whether members from seven communities in Malaysia would assume responsibility for restorative justice initiatives, accept various elements of restorative justice, and welcome offenders back into the community. The findings are mixed. Some community members believed that the community setting may offer resources for offender rehabilitation that the criminal justice system does not have; others raised concerns over various limitations such that communities may not be equipped to deal with criminal cases.

scholarly journals Victim Impact Statement Model in Criminal Justice System in Restorative Justice Perspective

2018 ◽  
Vol 54 ◽  
pp. 07006
Author(s):  
Hervina Puspitosari ◽  
Bintara Sura Priambada
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Social Economic ◽  
Research Approach ◽  
Victim Impact Statement ◽  
Victims Of Crime ◽  
Sense Of Justice

Practice of restorative justice is the handling of criminal acts that are not only seen from the perspective of the law, but also related to moral, social, economic, religious and customary aspects. Local customs, as well as various other restorative considerations will deal with the perpetrators, victims, and stakeholders in the community, in collective problem solving, the purpose of which is to repair damage, restore the quality of relationships and facilitate the reintegration of the parties involved and related. This study uses research methods with a normative juridical research approach. Restorative Justice, namely the punishment imposed by the court is a punishment aimed at maximizing the condition of the victim as before the criminal incident befell the victim. The issue of justice and respect for human rights does not only apply to criminals but also victims of crime who must get a sense of justice so that the objective of the criminal justice system can be achieved with a sense of justice for the victims and perpetrators. It is very important to immediately make efforts to reform the criminal law that puts forward the substantial justice of victims and perpetrators.

scholarly journals Handling of children by diversion in children protection (Diversion and Restorative Justice)

2021 ◽  
Vol 10 (1) ◽  
pp. e26010111826
Author(s):  
Tito Eliandi ◽  
Teguh Prasetyo ◽  
Otto Yudianto
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Human Life ◽  
The State ◽  
Best Interests ◽  
Community Relations ◽  
Criminal Cases ◽  
State Functions

The best treatment for children who should be lived, with the best interests for the sustainability of human life. In handling criminal cases, the restorative justice approach provides different views and approaches to studying and dealing with a criminal act for the handling of restorative justice, that criminal acts are essentially from the viewpoint of criminal law in general, namely attacks on individuals and society as well as community relations. In restorative justice, it can also be found that the features of the formulation of justice are related to rights, judged by results. This meaning has brought a paradigm shift in understanding the concept of providing justice that is in the criminal justice system, it’s said that because in the concept of the criminal justice system in general, justice is considered to have been achieved, the value of the perpetrator can be sanctioned by the state and the victim doesn’t have a place in the settlement process, meanwhile. In the concept of a framework of restorative justice, perpetrators of criminal acts, victims and the whole community are involved in resolving criminal acts directly and focusing on recovery suffered by victims, while the state functions as a facilitator in the process of resolving criminal acts.

scholarly journals Plea Bargaining and Criminal Justice in India

2020 ◽  
Vol 7 (1) ◽  
pp. 32-52
Author(s):  
Pradeep Kumar Singh
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Developmental Process ◽  
Plea Bargaining ◽  
Measure Development ◽  
Continuous Review ◽  
Crime Commission ◽  
Habitual Criminal

Crime, criminals and criminality have always been serious concern for society, state and individuals. Individuals formed society to have protection for his life, property and liberty. Society to bear such liabilities created state which ultimately developed criminal justice system. Hereby, criminal justice system is developed for providing protection to life, liberty and property of individual but in developmental process individual for whose protection criminal justice system was developed, became neglected. Traditionally criminal justice system attempts to protect accused and his interests. Recently demands are made for justice to individual victim who is actual sufferer of crime commission. Recently some measures are created for providing justice to individual victim. Such measures are in process of development, and thereby, for effective justice measure development to provide justice to victim there is a need to make continuous review. Plea bargaining is one such measure recently included in Indian criminal justice system to provide justice to victim. This paper analyses plea bargaining in reference to providing of justice to victim in India. Keywords: Compensation; Criminal justice; Habitual criminal; Plea bargaining; Restorative justice; Sentence; Victim.

Back to the Future: The Centrality of Plea Bargaining in the Criminal Justice System

2003 ◽  
Vol 18 (2) ◽  
pp. 133-142
Author(s):  
Milton Heumann
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Plea Bargaining ◽  
Careful Analysis ◽  
Historical Study ◽  
Criminal Cases ◽  
Court Records ◽  
General Ground ◽  
Looking Back

Using Professor George Fisher's wonderful new book, Plea Bargaining's Triumph as a springboard and roadmap for a journey into plea bargaining's past and present status, this brief essay will attempt to build a theory accounting for the centrality of plea bargaining in today's—and tomorrow's—criminal justice system. By looking back, Fisher illuminates the present, and suggests a future for plea bargaining in the disposition of the cases. His analysis ends with “plea bargaining's triumph;” with its emergence as the single most important (and powerful) factor in the disposition of criminal cases. I will applaud, but qualify his arguments and speculate about “plea bargaining's future.” His looking back, led him to conclude that plea bargaining coopted or caused most criminal justice innovations of the past two decades, and that almost anthropomorphically, it emerged victorious. His understanding of the “causes” of plea bargaining's centrality deserves applause along with qualification; his painting of a picture of plea bargaining “victory” is correct, and is fruitfully linked to a future informed by his understanding of a past.First, some general ground rules for what I will and will not do in this essay. I will not systematically or exhaustively summarize Fisher's arguments, nor will I referee the disagreements he surfaced with the respect to the work of many major studies of plea bargaining and its history. Suffice it to say that this is a very careful historical study of the origins of plea bargaining, and that it primarily relies on a very detailed and very, very careful analysis of the court records of Middlesex County, Mass., mostly for cases disposed of in the 19th century. Based on these data, and secondary analyses of data from studies of plea bargaining in other jurisdictions, Fisher builds a theory of the growth of plea bargaining that is sometimes original, always engaging, and inevitably provocative. Though I take issue with some of his arguments, he must be lauded for the care and clarity of his presentation, and for the enormous literature he uses to develop and support his case.

scholarly journals Diversion In Children Criminal Justice System Through Restorative Justice

2018 ◽  
Vol 1 (2) ◽  
pp. 331
Author(s):  
Yudi Hendarto ◽  
Umar Ma'ruf
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Research Method ◽  
Negative Effects ◽  
Criminal Cases ◽  
Legal Research ◽  
Psychological Burden ◽  
Criminal Matters

The formulation of the problem and the purpose of this study is to describe and analyze the diversion urgency in handling juvenile criminal cases, and to describe and analyze Perma No. 4 of 2014 on Diversion in criminal matters menyelesaian children through restorative justice approach. This research method using normative legal research methods dengn type of research is descriptive analytical.� Based on the analysis result No. 4 of 2014 can be presented the following results, that Perma No. 4 of 2014 is needed in handling juvenile criminal cases. This is because during this time the condition of children who are in the coaching institutions, detention and permayarakatan far worse than a face appeared positive aspects of child development. Mixing children with adults in penitentiary have negative effects and its own psychological burden for the child, because he considered himself the same as adults with Perma No. 4 of 2014.Keywords: Diversion, Child Criminal Justice System, Restorative Justice

scholarly journals MENUJU PENYELESAIAN PERKARA PIDANA YANG FLEKSIBEL: KESEIMBANGAN ANTARA PELAKU DAN KORBAN DALAM RESTORATIVE JUSTICE

2013 ◽  
Vol 2 (2) ◽  
pp. 215
Author(s):  
Kelik Pramudya
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Case ◽  
Criminal Cases ◽  
Empirical Law ◽  
Sense Of Justice

Penyelesaian perkara pidana melalui lembaga peradilan sering tidak menjamin rasa keadilan di antara korban dan pelaku. Oleh karenanya diperlukan penyelesaian melalui restorative justice untuk mewujudkan keseimbangan antara korban dan pelaku. Selain itu agar penanganan perkara pidana dapat berjalan secara fleksibel dan tidak bersifat kaku. Penelitian ini menjawab permasalahan sejauh mana restorative justice dapat diterapkan dalam sistem peradilan pidana di Indonesia untuk mencapai keadilan dan bagaimana mewujudkan keseimbangan antara pelaku dan korban tindak pidana guna menuju cara berhukum yang fleksibel. Penelitian ini termasuk dalam penelitian hukum empiris yang bersifat deskriptif dengan menggunakan pendekatan kasus dan perundang-undangan. Berdasarkan hasil penelitian disimpulkan bahwa restorative justice di Indonesia sejauh ini dapat diterapkan dalam penyelesaian perkara pidana untuk mencapai keadilan. Selain itu restorative justice terbukti mampu mewujudkan keseimbangan antara pelaku dan korban tindak pidana. Oleh karena itu direkomendasikan agar aparat penegak hukum mempunyai standar operasional untuk menggunakan restorative justice pada setiap penanganan perkara pidana.<p>The completion of criminal cases often does not give the sense of justice between the victims and perpetrators. Based on that, citizens need a resolution in justice through restorative justice to create balance between the victims and perpetrators. Moreover, through the restorative justice, the vision is to have resolution of criminal case that can run flexible and is not rigid. This research answers the question of the application’s effect of the restorative justice can be done in the criminal justice system in Indonesia in creating justice and the question of the process to make balance justice between the victims and perpetrators in order to reach flexible ways in law. This research is included in the descriptive empirical law research by using case approach and the legislation. Based on the research’s result, the writer can conclude that the restorative justice in Indonesia nowadays can be applied in the criminal case solution to reach the justice.</p>

KONSEP DIVERSI DAN RESTORATIVE JUSTICE SEBAGAI PERGESERAN TANGGUNG JAWAB PIDANA PADA SISTEM PERADILAN PIDANA ANAK

2018 ◽  
Vol 1 (1) ◽  
pp. 95-106
Author(s):  
Pangestika Rizki Utami
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Responsibility ◽  
Best Interest ◽  
Criminal Cases ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Criminal Penalties

The concept of diversity and restorative Justice is a criminal cases settlement form that provide children protection by promoting the best interest of the child principle. To protect children from the formal process of criminal justice system, the legal and humanitarian experts conceptualize the act of removing child who has allegedly committed a criminal offense from the general criminal justice process by providing an alternative punishment that is considered better for children. The concept of diversion is created based on the fact that the criminal justice process for children as the perpetrators through the conventional criminal justice system causes more harm than good. Restorative Justice is a fair resolving criminal cases system with by emphasizing recovery in its original state. This article will discuss about the shifting of children criminal responsibility from conservative criminal penalties to child friendly criminal penalties with the concept of diversity and restorative justice.

scholarly journals IMPLEMENTASI KEADILAN RESTORATIF DALAM PENYELESAIAN PERKARA PIDANA ANAK : STUDI PADA PENGADILAN TINGGI TANJUNG KARANG

2021 ◽  
Vol 18 (2) ◽  
pp. 111-120
Author(s):  
Fitri Dwiarti
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Short Duration ◽  
Justice System ◽  
Criminal Cases ◽  
Legal Research ◽  
High Court ◽  
Research Results ◽  
Inhibiting Factors

The purpose of this research to determine and analyze the extent to which restorative justice is implemented in the settlement of juvenile criminal cases at the Tanjung Karang High Court and to determine the inhibiting factors for law enforcers to implement restorative justice in resolving juvenile criminal cases at the Tanjung Karang High Court. This research is an empirical juridical legal research. Based on the research results, the application of restorative justice at the Tanjung Karang High Court has been carried out although it is not optimal. The application of restorative justice to children in conflict with the law in resolving child criminal cases at the Tanjung Karang High Court is still experiencing obstacles. These obstacles include the limping of the substance of Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, the short duration of case handling, and the minimum budget.

Sign in / Sign up

Export Citation Format

Share Document