Thesis (M.A. (Criminology)) - Simon Fraser University, 2004. / Theses (School of Criminology) / Simon Fraser University. Includes bibliographical references.

Thesis (Ph.D.)--University of Delaware, 2009. / Principal faculty advisor: Susan L. Miller, Dept. of Sociology & Criminal Justice. Includes bibliographical references.

The aim of restorative justice is generally to empower victims and help offenders be accountable for their wrongdoings. In order to achieve these objectives, some programmes of restorative justice facilitate meetings between victims and offenders to give a chance to the victim to participate in deciding how the one who has wronged them can make things right. Some Christians have been among the most active contributors and advocates of implementing restorative justice in the public sphere since its inception. This is because the theory underpinning the approach resonates with Christian concepts such as sin and repentance. By employing in-depth interview analysis as a main method, this thesis demonstrates that engaging in restorative justice is problematic for those Christian advocates who believe they have a monopoly on the inner truth of restorative justice. This is because they operate their mission in a contradictory fashion, whereby they believe that only Christian faith can hold the true ethos of restorative justice, but at the same time need to suspend such language to avoid isolating wider (non-Christian) communities. Expressing such a belief may jeopardise their relationships with non-Christian partners for the advancement of restorative justice, and suspending Christian language may disempower themselves from engaging in the programme. After identifying these risks, the thesis argues that a fundamental problem that advocates encounter is how to deal with non-Christians as the 'other'. I propose that a possible way for advocates to continue their mission is to adopt reflexivity as a socio-political position, which asks of them to reconsider their absolute belief in the Christian approach to restorative justice. They need to be open to recognise their own limitations and adapt the ways in which they are committed to their Christian traditions, not only point out the others' problems.

This thesis is an examination of the place of restorative justice in the practice of criminal law in Canada generally and in Saskatchewan in particular. It takes as its focal point the fundamental tension between traditional Anglo-Canadian Law in this area, and the newly founded practices of restorative justice.<p> This project accepts that retribution, vengeance and proportional justice are important components of current practice. It argues that these imperatives find their place not only in practice, but also in justice system structure. This space is made both culturally and legislatively. Earlier societies are examined to develop a sense of the connection between societal norms and punitive paradigms, and an argument is made that Canada is no different from earlier societies in the way its legal values reflect the social values of the dominant settler culture. Into this analysis is then added reflections concerning the effect of colonialism on aboriginal people generally and on Canada in particular.<p> The thesis then goes on to situate this tension specifically in current criminal justice by analysing legislation, policy, courts and practice. It examines restorative justice, and demonstrates that it has significant potential to ameliorate the deleterious effects of the colonial project on aboriginal peoples. However, it remains a marginalised practice precisely because it is an anti-colonial force in a powerful colonial justice structure. It concludes that the forces that have the inclination to change this situation have not acted to do so, and the justice system actors with the power to effect change have proven themselves to be similarly disinclined.<p>

This thesis is an examination of the place of restorative justice in the practice of criminal law in Canada generally and in Saskatchewan in particular. It takes as its focal point the fundamental tension between traditional Anglo-Canadian Law in this area, and the newly founded practices of restorative justice.<p> This project accepts that retribution, vengeance and proportional justice are important components of current practice. It argues that these imperatives find their place not only in practice, but also in justice system structure. This space is made both culturally and legislatively. Earlier societies are examined to develop a sense of the connection between societal norms and punitive paradigms, and an argument is made that Canada is no different from earlier societies in the way its legal values reflect the social values of the dominant settler culture. Into this analysis is then added reflections concerning the effect of colonialism on aboriginal people generally and on Canada in particular.<p> The thesis then goes on to situate this tension specifically in current criminal justice by analysing legislation, policy, courts and practice. It examines restorative justice, and demonstrates that it has significant potential to ameliorate the deleterious effects of the colonial project on aboriginal peoples. However, it remains a marginalised practice precisely because it is an anti-colonial force in a powerful colonial justice structure. It concludes that the forces that have the inclination to change this situation have not acted to do so, and the justice system actors with the power to effect change have proven themselves to be similarly disinclined.<p>

Thesis (M.A (Philosophy)) - Rhodes University, 2009. / A thesis submitted in partial fulfilment of the requirements for the degree of Masters in Philosophy.

No description available.

Paper 1: Examining the views of restorative practitioners about the effects of their professional practices. Abstract The Youth Justice Board and the Department for Education share the common goal of reducing offending and harmful behaviour in children and young people (Ministry of Justice, 2010; DfE, 2011). In both sectors, evidence for the effectiveness of practices based upon the principles of restorative justice (RJ) is mounting, yet there is a distinct lack of theoretical clarity regarding the psychological mechanisms through which such practices work. Moreover, the voice of RJ practitioners is not found in current theoretical propositions. In this paper, eight RJ practitioners, from a mixture of school and youth justice backgrounds, are interviewed about their professional practices. Interview transcripts are thematically analysed in an inductive manner, according to the guidelines set out by Braun & Clarke (2006). Analysis is interpreted in terms of responsive regulation (Braithwaite, 2002; Morrison, 2003), the social learning perspective of Macready (2009) and in terms of cognitive dissonance theory (Festinger, 1957). It is suggested that RJ-based practices, according to the views of professionals, are effective because a) they respond to harm flexibly and after the incident, b) they engage young people in a process of learning social responsibility and c) they provide young people with ways of reducing cognitive dissonance based upon acknowledging and repairing harm, rather than through blaming and denying responsibility. Paper 2: Examining the views of young people about their experiences of restorative justice-based practices. Abstract The Youth Justice Board and the Department for Education share the common goal of reducing offending and harmful behaviour in children and young people (Ministry of Justice, 2010; DfE, 2011). In both sectors, evidence for the effectiveness of practices based upon the principles of restorative justice (RJ) is mounting, yet there is a distinct lack of theoretical clarity regarding the psychological mechanisms through which such practices work. Whilst the voice of young people can be heard in the literature, these have come primarily through surveys and other closed-question response formats. Thus, there is a lack of an in-depth characterisation of young people’s experiences of RJ. In this paper, six young people are interviewed about their experiences of RJ-based practices. Interview transcripts are thematically analysed in an inductive manner, according to the guidelines set out by Braun & Clarke (2006). Analysis is interpreted in terms of Barton’s (2000) Empowerment Model of Restorative Justice (EMRJ) and in terms of responsive regulation (Braithwaite, 2002; Morrison, 2003). It is suggested that RJ-based practices, according to the views of young people, are effective because a) they empower young people in the process of responding to harm and b) they involve responding to harm flexibly and after the incident, providing emotional support and enabling all stakeholders to be open and honest. The implications of both these findings and those from paper 1 are discussed in the context of Aug 2011 riots.

University of Macau / Faculty of Social Sciences. / Department of Sociology

A proposta desta pesquisa baseia-se num diálogo entre Psicanálise e Direito, através da função do testemunho na Justiça Restaurativa. Para tanto, primeiramente aponta algumas das principais problemáticas na articulação dessas duas áreas, através de autores da psicanálise, principalmente. Em seguida, realiza uma breve contextualização da crítica sobre o desenvolvimento do sistema jurídico (com M. Foucault) e da questão da penalidade e a partir daí contextualiza a proposta Justiça Restaurativa. Dessa proposta, depreende a questão do perdão e da culpa, aqui abordados pelo viés da psicanálise e da filosofia (com J. Derrida e H. Arent) e aponta, ainda, para questões advindas da filosofia do Direito (através de F. Ost), como sobre o lugar de Juiz, entre outras. Por fim, sublinha a questão da performatividade dos atos de fala, critica a função do testemunho e suas relações com a memória, com a história e, ainda, com a Utopia. Como metodologia, se vale da pesquisa em psicanálise. / This research's proposition is based on a dialogue between Psychoanalysis and Law, through the testimony's functions on Restorative Justice. Therefore, primarily it points some of the main articulational issues of both areas, through psychoanalysis authors, principally. After, it does a brief critical contexting about the development of the law system (with M. Foucault) and of the matter of penalty and based on this it contexts the proposition of Restorative Justice. From this proposition, it infers the matters of forgiveness and guilt, boarded from the perspective of psychoanalysis and philosophy (with J. Derrida and H. Arent) and points, although, to matters come from Law's philosophy (through F. Ost), as the place of the Judge, among others. Finally, it underlines the matter of the performactivity of the speeching act, criticizes the testimony's function and its relations to memory, to history, and even to Utopia. As methodology, it exploits of the psychoanalysis' research.