scholarly journals The politics of youth justice reform in post-conflict societies: mainstreaming restorative justice in Northern Ireland and South Africa

2020 ◽  
Vol 63 (2) ◽  
pp. 269-290
Author(s):  
David O'Mahony ◽  
Jonathan Doak ◽  
Kerry Clamp

Criminal justice reform plays a pivotal role in helping to foster reconciliation and peace-building in postconflict societies. In the wake of their respective political transitions, both Northern Ireland and South Africa have formulated proposals for reform of their youth justice systems based upon restorative principles. This article analyses the attempts to roll out these reforms in both jurisdictions. It considers why new youth justice arrangements have largely been well received in Northern Ireland, yet have struggled to be implemented successfully in South Africa and reflects on possible lessons to be learnt in the context of postconflict transformations.

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.


Legal Studies ◽  
2011 ◽  
Vol 31 (2) ◽  
pp. 305-325 ◽  
Author(s):  
Jonathan Doak ◽  
David O'Mahony

Restorative justice principles often feature prominently in peace agreements and initiatives to foster reconciliation and peace-building. As part of its own transitional process, Northern Ireland has undertaken a wide-ranging programme of criminal justice reform, whereby restorative practices have become a central response to juvenile offending. Drawing on a major evaluation of the Northern Ireland Youth Conferencing Scheme, this paper suggests that restorative conferencing holds the potential not only to promote reconciliation between victims and offenders, but it may even bolster the legitimacy deficit suffered by criminal justice institutions. Whilst is vital that such schemes continue to foster their engagement with civil society and the wider community, the broader potential of restorative processes to contribute to post-conflict peace-building is considerable, especially in relation to fostering a sense of legitimacy necessary for the operation of society and the institutions of the state.


2011 ◽  
Vol 75 (1) ◽  
pp. 45-69 ◽  
Author(s):  
Ian Edwards

The referral order (RO) is the volume sentence in youth justice. The Criminal Justice and Immigration Act 2008 (CJIA) made important changes to the use of ROs for young offenders. This article analyses these amendments and evaluates the extent to which they signal a move away from the original rationales for ROs. I argue that the CJIA subtly changes ROs and that this shift broadens the availability of ROs, although the significance of the changes depends in particular on how youth court magistrates view the utility of ROs and restorative justice.


2013 ◽  
Vol 21 (3-4) ◽  
pp. 291-315 ◽  
Author(s):  
A. Shen ◽  
G.A. Antonopoulos

This article aims to examine restorative justice (RJ) practices in China’s youth justice system, seeking to make contributions to the global effort of operationalising the notion. It begins with an outline of the Chinese youth justice system. Following a brief literature review on RJ movements in China, it moves on to introduce the current programmes in the country’s youth justice practices, including those similar to the Western notion of RJ and those recognised as RJ only in China, and the legal mechanisms facilitating the development of restorative justice. It concludes that China is in its own way translating the critical values of RJ theory into its youth justice system, leaning towards a better one for juveniles. The development of restorative justice and criminal justice as a whole in China is a work in progress. Local variations and timeframe for development should be permissible in its legal reform.


2021 ◽  
Author(s):  
◽  
Ashley Shearar

<p>During the mid-1980s, Māori families challenged New Zealand’s social welfare system, reclaiming their right to be involved in decisions about their children. Around the same time, parents and community groups protested the detention of hundreds of children in South Africa during the Apartheid era. These experiences helped shape both countries’ youth justice systems, which reflect restorative justice principles and international standards for children’s rights.  The research reported here is the first in-depth comparative analysis to compare New Zealand and South Africa’s journeys to alter their youth justice systems. It asks the following key questions:  ∙ What were the key conceptual influences that shaped youth justice transformation in New Zealand and South Africa? ∙ What do both countries’ experiences of youth justice transformation reveal about the role of individuals, advocacy coalitions, and international influences in shaping policy and practice?  Using a phenomenological research approach, key role players from both countries were interviewed. These interviews discovered that social entrepreneurial factors gave direction to policy outcomes. All participants described their commitment to changing the status quo following their exposure to the inhumane conditions experienced by children and young people in conflict with the law. This prompted them to promote policies that diverted children from the justice system and prevented re-offending while still holding children to account for their behaviour and encouraging them to repair the harm. The participants explained their motivation to find policy solutions that empowered children, families, and victims. In both countries, social entrepreneurs resisted opposition and joined forces to develop convincing arguments for their position. This research confirmed the advantages of government support to advance social entrepreneurial ventures.  Policy transfer was also found to play a role in the change processes in both countries. This study identifies how both New Zealand and South Africa have lent their policies internationally to contribute to practical youth justice changes in countries seeking to adhere to international standards and to incorporate restorative justice principles. Significant contributions include New Zealand’s family group conference, which has inspired several jurisdictions, as well as South Africa’s diversion programmes, which have particularly benefitted other African countries.</p>


Author(s):  
Antony Altbeker

The Specialised Commercial Crime Court was established to hear cases of commercial criminality, brought to trial by the Specialised Commercial Crime Unit. The integration of the three main functions of the criminal justice system — investigation, prosecution and adjudication — is highly regarded as one of the best examples of successful criminal justice reform in South Africa. But before this particular model is replicated elsewhere, its undoubted success must be interrogated. However, it is difficult to be sure just what it is that has generated the service delivery improvements.


2003 ◽  
Vol 20 (1) ◽  
pp. 128-130
Author(s):  
John Boye Ejobowah

How should societies that have transitioned from authoritarian to democraticrule deal with the atrocities and gross human rights violations of theirimmediate past? Should those implicated in the crimes of past regimes beprosecuted? This sophisticated volume attempts to address such questions.About one-third of the book is comprised of well-reasoned theoreticalchapters that answer the above questions by creating a space in liberal justicefor forgiveness. The remainder consists of empirical contributions thatdescribe the ways in which international institutions and five countries(Chile, Guatemala, South Africa, Rwanda, and Northern Ireland) haveresponded to such crimes. Unlike the theoretical section, most contributionshere argue that while memory and forgiveness (the truth commissions) areimportant, they are not enough to meet the victims’ psychological needsand do not guarantee non-repetition. The introduction rightly acknowledgesthat some of the chapters argue in different directions.Doing justice in the aftermath of civil conflict is a thorny problem. In liberalism,criminal justice always has been straightforward: the courts, themouthpiece of objective law, have to mediate and impose punishment if theperpetrator is proven guilty. Punishment must consist of penalties that annulthe advantages seized by the criminal, compensate the victim in the case of ...


Author(s):  
Audrey Horning

Drawing from efforts to engage archaeology as an integral part of peace-building in post-Troubles Northern Ireland, the risks and the rewards of collaborative cross-community practice are addressed. Focus is on the ethical challenges of negotiating the politics of the present while staying true to the evidence of the past. Positioning archaeology as a means of bridging the divisions in post-conflict settings toward the creation of a stable, shared society requires an ability to not only listen, but also to hear and respect the strength of personal and community narratives, even when those narratives may be founded on fundamental misrepresentations of the past.


2021 ◽  
pp. 3-31
Author(s):  
Richard Martin

This chapter introduces the reader to the book’s central endeavour: to make sense of, and critically examine, the social and cultural dynamics that animate human rights law in contemporary policing. The chapter introduces the reader to the general and specific context in which this project takes place. It begins by drawing attention to the emergence of human rights as a normative vision and regulatory basis for police reform across the world and considering the issues that arise from this phenomenon for scholars of human rights and criminal justice. The chapter proceeds to describe and explain the book’s case study of the Police Service of Northern Ireland, situating the study within the country’s post-conflict society, before summarizing how the book develops across its nine substantive chapters.


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