Restorative justice and the resolution of judicial conflicts: na analysis of the restorative justice Program of the General Department of Social and Education Actions (DEGASE –RJ)

The analytical and practical field of restorative justice is linked to the debates on the new social conflict management that challenge the institutional design of criminal justice and the Brazilian legal system. When starting from the problematization of the Brazilian criminal justice, we assume that the penalty under neoliberalism presents itself as a societal project that is sustained by the paradox of the potentiation of the police and penitentiary State and the minimization of the economic and social areas of action of the State. Thus, restorative justice emerges as an efficient conflict resolution mechanism, mainly because its criminal approach is based on equating relationships and repairing the damage caused to individuals and communities. In this context, this research aims at analyzing the impact of the implementation of the Restorative Justice Program of the General Department of Social and Education Actions (DEGASE, abbreviation in Portuguese) established by Ordinance 441 of September 13, 2017, within the scope of the social and education units, as well as the challenges presented to those responsible for implementing the law in the state of Rio de Janeiro, Brazil (judges, public defenders, members of the Public Prosecution Service and the DEGASE System) inthe management of restorative practices directed at juvenile offenders deprived of freedom. This problematization raises questions about the limits of the definition of crime and punishment; the relationship between criminal law; and the protection of human rights. The research is structured in three stages: systematic review of the academic field of restorative justice and the Brazilian criminal justice system; elaboration of a framework of the experiences of policies developed in the field of restorativejustice in the state of Rio de Janeiro; and the elaboration of the sociodemographic profile of adolescents and their family structure –analyzing the variables:gender, infraction, age group, monthly family income, education, family structure, and territoriality. It is expected to obtain a critical view of the state of the art of literature on restorative justice in the Brazilian criminal justice system and the debate in the field of conflict resolution criminalized by juvenile offenders served by the Restorative Justice Program of the General Department of Social and Education Actions (DEGASE).

Where It All Began

Latin America is PB’s birthplace and the region where it was first widely adopted. PB currently exists in almost every country of this region of the world. This chapter documents PB development in Brazil, its spread from Brazil to other countries as well as PB’s transformation since the 1990s, when it changed from a social justice program to a policy tool that promotes citizen empowerment and community mobilization. Latin America also led the way with the first mandated programs, as Peru’s national government was the first country in the world to require that all subnational governments adopt PB. Latin American PB programs are among the most studied in the world, which means that solid research findings identify when and where PB produces significant social and political change. Most importantly, there are many comparative, longitudinal, and large-N studies from Brazil that demonstrate that PB is generating positive change. But, research on other countries, such as Peru and Mexico, suggest that PB’s impact is much weaker in those countries. The chapter provides a summary of the rich body of evidence that has emerged since 1989, and describes PB in Brazil, Peru, El Salvador, and Mexico.

Impacts of restorative justice on youth in conflict with the law : a narrative approach

Restorative justice is meant to be an alternative to retributive justice by putting the process and outcome of justice back in the hands of those involved in a crime. Through narrative inquiry, this study posed the question, “how does restorative justice impact youth in conflict with the law?” Anti-oppressive perspectives and critical and post-modern theories were used to analyze the narratives of participants and provide insight into the potential of restorative justice as an empowering alternative to retributive justice. Youth found the process beneficial in a number of ways. However, youth still experienced criminalization before participating in a restorative justice program, suggesting that the model is unable to completely minimize the marginalizing impacts of retributive justice. Furthermore, participants’ narratives demonstrated the need for the restorative justice model to incorporate a critical analysis of intersectionality into its program delivery to avoid mirroring the oppressive relations of the mainstream system.

Impacts of restorative justice on youth in conflict with the law : a narrative approach

Restorative justice is meant to be an alternative to retributive justice by putting the process and outcome of justice back in the hands of those involved in a crime. Through narrative inquiry, this study posed the question, “how does restorative justice impact youth in conflict with the law?” Anti-oppressive perspectives and critical and post-modern theories were used to analyze the narratives of participants and provide insight into the potential of restorative justice as an empowering alternative to retributive justice. Youth found the process beneficial in a number of ways. However, youth still experienced criminalization before participating in a restorative justice program, suggesting that the model is unable to completely minimize the marginalizing impacts of retributive justice. Furthermore, participants’ narratives demonstrated the need for the restorative justice model to incorporate a critical analysis of intersectionality into its program delivery to avoid mirroring the oppressive relations of the mainstream system.

The Impact of Ambiguity-induced Error in Offender Decision-making: Evidence from the Field

Objectives: To invoke behavioral economics theories of ambiguity in the context of offender decision-making, and to test the impact of ambiguity in punishment certainty on offender decisions. Methods: We leverage a quasi-experimental condition among a sample of drunk driving arrestees that are tested for alcohol use and subject to mandatory brief incarceration for a violation. The treatment condition relaxes a zero-tolerance alcohol rule, thereby introducing design-based ambiguity surrounding the certainty of punishment. We use Mahalanobis matching and propensity score weighting methods to estimate the impact of ambiguity on violations. We then interrogate this finding with complementary sensitivity analyses. Results: When facing the ambiguity condition participants are 27–28 percentage points (84–93 percent) more likely to violate program conditions after 30 days of supervision. We demonstrate that a statistical difference in violations due to ambiguity is still detectible at 90 and 180 days of supervision. These results are robust to alternative specifications and falsification tests. Conclusions: This study is the first to examine the impact of ambiguity on criminal justice program compliance using a quasi-experiment from the field. We further demonstrate the unintended costs to persons under supervision and jurisdictions of laxity in program design, which are applicable across criminal justice domains.

It Takes a Village to Build an Effective Adjunct Community

It is understood that not all adjunct faculty seek a full-time position with an institution, nor do they necessarily look for ways to engage with an institution beyond teaching for compensation. This chapter is not intended to explore either of these perspectives, but rather focuses on deepening the engagement of those adjunct faculty interested in collaboration and professional development with the institution or program they serve. Full-time faculty and program leadership are vital to creating conditions to enhance the relationship between adjunct faculty and their academic programs. This chapter offers a first-person account of one academic program leader's reflective journey to support adjunct faculty in a criminal justice program. This chapter shares some techniques used by the author to organize a digital workspace that positions adjunct faculty to engage or participate with the institution and program on their terms. This chapter also offers some proven practices as examples for creating community among adjunct faculty and the institution or program they serve.

Imagining Justice for Syria

This book situates the war in Syria within the actual and imagined system of international criminal justice. It explores the legal impediments and diplomatic challenges that have led to the fatal trinity that is Syria: the massive commission of international crimes that are subject to detailed investigations and documentation but whose perpetrators have enjoyed virtually complete impunity. The book tracks a number of accountability solutions to this tragic state of affairs that are being explored within multilateral gatherings, by states, and by civil society actors, including innovations of institutional design; the reactivation of a range of domestic jurisdictional principles (including universal jurisdiction in Europe); the emergence of creative investigative and documentation techniques, technologies, and organizations; and the rejection of state consent as a precondition for the exercise of jurisdiction. Engaging both law and policy around international justice, the text offers a set of justice blueprints, within and without the International Criminal Court. It also considers the utility, propriety, and practicality of establishing an ad hoc tribunal and pursuing a transitional justice program without a genuine political transition. All told, the book attempts to capture the creative energy radiating from members of the international community intent on advancing the accountability norm in Syria even in the face of geopolitical blockages within the U.N. Security Council. In so doing, it presents the range of juridical measures—both criminal and civil—that are available to the international community to respond to the crisis, if only the political will existed.