Submitted by Fabio Sobreira Campos da Costa (fabio.sobreira@ufpe.br) on 2017-05-05T13:28:56Z No. of bitstreams: 2 license_rdf: 1232 bytes, checksum: 66e71c371cc565284e70f40736c94386 (MD5) DISSERTAÇÃO DE MESTRADO EM DH - FREDERICO OLIVEIRA - VERSÃO FINAL.pdf: 1535681 bytes, checksum: d1bf615ce62312a1e7b437e6fc41592d (MD5) / Made available in DSpace on 2017-05-05T13:28:56Z (GMT). No. of bitstreams: 2 license_rdf: 1232 bytes, checksum: 66e71c371cc565284e70f40736c94386 (MD5) DISSERTAÇÃO DE MESTRADO EM DH - FREDERICO OLIVEIRA - VERSÃO FINAL.pdf: 1535681 bytes, checksum: d1bf615ce62312a1e7b437e6fc41592d (MD5) Previous issue date: 2016-08-01 / A presente dissertação procede da pesquisa bibliográfica que apresentou como objeto de análise elementos ético-valorativos dos procedimentos judiciais e do círculo restaurativo. O objetivo geral é traçar um desenho comparativo entre os dois sistemas, observando os seus critérios axiológicos, naquilo que se aproximam e se distanciam. Além disso, empregou-se atenção à possibilidade de existirem espaços para uma contribuição da axiologia contida no modelo de justiça restaurativa para com o sistema oficial de justiça. Assim, lançamos mão de um arcabouço teórico que nos permitiu traçar um panorama geral sobre os elementos fundamentais dos modelos estudados, fazendo inferências ético-práticas, na intenção de criar vínculos entre o que abstratamente foi compreendido e o campo social onde é aplicado. Em sede de conclusão, o trabalho aponta no sentido de que as limitações identificáveis no sistema público de justiça abrem um espaço onde os princípios da ética restaurativa podem produzir fecundas reflexões sobre a racionalidade aplicada no procedimento judicial. Desta forma, considerando que a pauta dos rituais utilizados nos âmbitos da justiça estatal e da justiça restaurativa toma por referência uma proposição ético-principiológica, para a resolução de conflitos, observamos que ambos têm aporte em valores consolidados. Contudo, tais valores demandam a assunção de uma dimensão humanística, tal como assente na metodologia restaurativa, mas ainda superficial na representação estatal. / This dissertation comes from the literature that has presented ethical-evaluative elements of judicial procedures and restorative circle as an object of analysis. The overall goal is to draw a comparison between the two design systems, noting their axiological criteria, whether they are different or alike. In addition, attention was employed to the possibility of spaces for a contribution of axiology contained in the restorative justice model for the formal justice system. So we used a theoretical framework that allowed us to draw an overview of the key elements of the studied models, making ethical and practical inferences, intending to create links between what was understood abstractly and the social field in which it belongs. In place of a conclusion, this work points towards that the limitations identified in the public justice system make space for the principles of restorative ethics to produce fruitful reflections on rationality applied in legal proceedings. Thus, considering that the agenda of the rituals used in the fields of state justice and restorative justice takes for reference an ethical and principled proposition for conflict resolution, we observed that both have input in consolidated figures. However, these values require the assumption of a humanistic dimension, as based on the restorative approach, but still shallow on state representation.

This Master's Thesis deals with the issue of crime victim in criminology. The aim of this work is to create an integrated document that presents a current victimological knowledge and to evaluate current law in this area in the (relatively new) Statute about crime victims and eventually to propose changes where convenient. Besides the introduction and the conclusion, the thesis consists of eight chapters, which are then further divided into relevant subsections. The first presents historical insight into the role of a victim in criminal proceedings. The second introduces victimology, a science about victims, which is usually perceived as a part of criminology. Further chapters of the thesis deals with main areas of victimology. It is biological and psychological characteristics of a victim in the third chapter and victimization process in chapter four, including the role of a victim in her victimization and a relationship between her and an offender. It also deals with the role of victims in criminal proceedings. The sixth chapter consider means of help provided to victims by both, lay persons and professionals, especially by a range of nongovernmental organisations, eg. Bílý kruh bezpečí. Another important issue is informing of the society and education of the public in order to prevent crimes in...

abstract: Implementation of large-scale initiatives within educational systems can present many challenges, particularly when the initiative is non-linear and relies on deep understanding rooted in a restorative mindset. This study examined implementation of restorative justice within one large, primarily urban school district in the United States. Through a mixed methods approach, data was collected from three personnel levels of the organization: district leadership, school leadership, and school staff members and applied a sensemaking framework to examine the flow of information and understanding within and among organizational levels. To accomplish this investigation, both qualitative and quantitative data were collected. First, interview data was collected from district and school level leaders to inform supportive leadership actions and organizational structures and also to understand challenges that leaders faced when working to implement restorative justice within a district and across a school campus. Next, school staff members participated in a survey to provide deeper understanding regarding their confidence in implementing restorative justice practices, their perceptions of school and district level administrative support, and the alignment of their beliefs and actions with tenets of restorative justice. Finally, results were analyzed and compared across levels of the organization to provide a summary of findings and recommendations for ongoing and expanded implementation at the school at the focus of the study and across other schools within the district. / Dissertation/Thesis / Doctoral Dissertation Leadership and Innovation 2020

Settlement in Criminal Proceedings - Abstract The purpose of my thesis is to analyze specifically one type of diversion in criminal proceedings - settlement. Part of this thesis also explains alternative measures and diversions in general. The reason for my research is finding that settlement in criminal proceedings has currently limited use, for example in comparison with conditional suspension of criminal prosecution. For this reason, the thesis attempts to identify reasons for this limited use of settlement and submits proposals of regulation that would increase number of settlements. Further goal of the paper is the attempt to define the role of the settlement in the Czech Criminal Law, the evolution of this diversion, the benefit of this diversion and also the problems of current legislation. The thesis is composed of five chapters, each of them dealing with different aspects of diversions, especially the settlement. Chapter One is introductory and is dedicated to alternative measures and general topics, such as principles of restorative justice and its historical development. Chapter Two examines diversions in criminal proceedings and takes care of specific aspects of this legislation. The rest of the thesis explores settlement. Chapter Three investigates the fundamental characteristics of settlement....

Substance Use Disorder (SUD) has plagued families of rural Appalachia for many years, perpetuating involvement in the criminal justice system as well as generational trauma for people diagnosed with SUD as well as their children. This points to the necessity of a trauma-informed, restorative-justice based framework for rehabilitative services to most effectively heal families, address trauma, and re-integrate people diagnosed with SUD into society. A restorative justice-based program would provide health care services for addiction and any comorbid mental health disorders as well as teach parents how to properly provide for themselves and their families, manage finances, obtain employment, and further education. Current rehabilitative program structures were evaluated in the literature, and it was found that typically, rehabilitative programs provide either strictly addiction services or mental health services, but not both. It was also found that the criminal justice system tends to sentence to 28-day inpatient rehabilitative services, which provides people diagnosed with SUD an opportunity to achieve sobriety and establish some stability; however, with little or no follow up, these people are significantly more likely to relapse. These findings were compared with the structure of Ballad Health Strong Futures, an outpatient addiction services and behavioral health clinic located in Greeneville, TN. It was found that rehabilitative care structures that addresses trauma, addiction, and aspects of daily living such as parenting, finances, education, and employment provides clients with the tools and stability they need to be successful in their respective recovery journeys. This work will provide significant insight for the creation and implementation of other substance use clinics across the country and encourage them to address addiction, mental health, and aspects of daily living to promote clients' success and break cycles of generational trauma.

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The original design of zero-tolerance policies was meant to support school safety through an anti-drug and violence campaign but in the years following their implementation, school districts have employed them repeatedly without merit. Exclusionary practices have become controversial, leading to high rates of recidivism, imbalanced implementation toward minority groups, and the loss of learning while suspended or expelled. Just as effective educators respond and intervene to instructional practices that are not proving successful, an overhaul of disciplinary practices was necessary for academic and emotional health. Restorative practices have emerged in recent years as an alternative process to the antiquated system of exclusionary measures. The previously used disciplinary structure inhibited the education of students, diminished opportunities for relationships to form and flourish, and had the potential to damage the well-being of all students involved in a negative event. In recent years, school districts across the country have recognized a need for improvement in the education system. Educators are spearheading efforts to combat the widespread epidemic of illiteracy and increase the level of college and career readiness. As a result, time, funding, professional development opportunities, and research have been dedicated to support this endeavor. While a number of resources are allotted for instructional purposes, the emotional element of student success is often overlooked, only widening the gap between success and stagnation. The purpose of this qualitative study was to examine pre-K through fifth grade teacher perceptions of integrated restorative practices in their respective classrooms and how these practices affected disciplinary measures and intervention.

As restorative justice gained popularity in schools as a potential strategy for helping to reverse the deleterious effects of zero-tolerance policies, numerous misunderstandings and misapplications have emerged. This study focused on the experiences of school-based restorative justice practitioners and sought to foreground their voices and perspectives to highlight what is necessary for restorative justice work in schools to be effective. Critical narratives were used to elucidate participants’ perspectives and to allow their voices to serve as the focal point for the study. Findings were as follows: (a) the depth and ongoing nature of preparation practitioners undertake to sustain restorative justice work must be emphasized; (b) rather than a program or set of steps, restorative justice must be experienced as a set of principles or a philosophy grounded in genuine care and concern for individual people; (c) a cultural, political, and social shift is required for restorative justice to be implemented with integrity; and (d) restorative justice is a project of humanization and re-establishing democratic ideals. As such, educators in the field are encouraged to embrace the depth and complexity of the philosophical underpinnings of restorative justice and to acknowledge the personal, internal work that must be undertaken to serve a transformative function in school communities.

La justice restaurative est une alternative aux méthodes conventionnelles de voir l’infraction et d’y répondre. Elle est devenue presque partout dans le monde, un sujet essentiel dans la réforme de la justice pénale et a gagné du terrain dans le monde universitaire et dans les pratiques judiciaires. Ainsi, son essor et expansion au niveau international sont remarquables aujourd’hui. Grâce à sa flexibilité conceptuelle, son adaptabilité pratique et ses atouts réels, ce mode de justice mérite d’être pleinement développé au sein des systèmes pénaux français et sud-coréen. La première partie, consacrée aux fondamentaux de la justice restaurative, en témoigne sans pour autant occulter ses limites et risques. Pourtant, comme le démontre la deuxième partie, consacrée aux pratiques en France et en Corée du Sud, l’implantation et le développement de la justice restaurative dans ces deux pays sont freinés par plusieurs obstacles socioculturels et par plusieurs difficultés pratiques. La présente thèse a pour objectif de trouver des moyens de sortir de l’état actuel des deux pays en matière de justice restaurative, marqué par l’imperfection, la réticence et la réserve, de manière que les mesures restauratives existantes puissent retrouver leur essence restaurative et que la justice restaurative puisse s’implanter et se développer avec succès en France et en Corée du Sud. / The restorative justice is an alternative to the conventional methods to see the crime and to respond it. It has become, almost everywhere in the world, a key issue in the reform of criminal justice and has gained ground in academia and in the judicial practices. Its international growth and expansion are noteworthy today. With its conceptual flexibility, its practical adaptability and its real assets, this mode of justice deserves to be fully developed within the French and South Korean penal systems. The first part of this thesis, devoted to the fundamentals of the restorative justice, demonstrates this without obscuring its limitations and risks. However, as shown in the second part, dedicated to the practices in France and South Korea, the integration and the development of the restorative justice in both countries are constrained by several socio-cultural obstacles and a number of practical difficulties. This thesis aims to move away from the current state of the two countries in the field of restorative justice, marked by imperfection, reticence and reserve, so that the existing restorative measures can regain their restorative essence and that the restorative justice can be applied and developed successfully in France and South Korea.