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

This inquiry explores experiences and interpretations of transformation within the arena of Restorative Justice. Qualitatively guided by a descriptive-exploratory design this study employed a mixed ethnographic-phenomenological methodology. This allowed emic and etic perspectives and an unfolding- reflexive (Merleau-Ponty, 1962) research approach to be documented. Although recent research has investigated Restorative Justice from the perspective of theory and practice, I am unaware of any systematic investigations into individual lived experiences of transformation contextualized theoretically (Wolcott, 1994) within Wilber’s (2000a) Integral theory and Jung’s (Vol. 8, 1953-1979) Transcendent Function. Moreover, although some researchers have explored the relationship between Jungian and Integral theories (Harris, 2002), I am unaware of any empirical research that combines these within a conceptual framework. The conceptual framework of this study initiated conceptualization of an Integral Model of Transformation that holistically accounts for individuals’ change processes as it is inclusive of psychological, behavioural, sociological and cultural contexts. Findings have also been disseminated into an Integral Model of Evaluation for Restorative Justice program and processes (see Moore, 2003). In addition, this research initiative informed development of a model of implementation of Restorative Justice in mainstream schools (2001A), as well as a new approach to multi-cultural counselling using Restorative Justice as a conceptual framework (see Moore, 200IB). Thus, this study contributed to knowledge of counselling psychology related to theories of change for individuals living in the aftermath of conflict and crime as well as the application of theory into practice. The fourteen participants in this study were adults involved in Restorative Justice through a variety of roles including those of victims of harm, convicted offenders and community activists. In-depth, semi-structured interviews were conducted in order to discover participants’ interpretations of transformation and lived experiences with Restorative Justice. Data collection also was facilitated via in-depth immersion in the field over a thirty-month period. My participant-observer role and reflexivity was managed through field notes, research journals and documentation with creative arts. Analysis, interpretation and synthesis of the data had several phases. Content Analysis was used to assess interview data through first level coding, pattern coding and memoing. Interpretation of initial analyses was then contextualized within Jungian and Integral theories. Finally, interpretation of findings culminated in a creative synthesis of insights. Findings indicate that five grand themes influenced change processes for participants: satisfaction of basic human needs; existential concerns; interconnectedness and shared humanity; Transformational Justice and power relationships; and transpersonal experiencing. These themes combined with the interpretation of findings using Jungian and Integral theories together formed a proposed Integral Model of Transformation in the arena of Restorative Justice. Findings confirm a consistent pattern of change in the arena of Restorative Justice for victims, offenders and community activists, that at the same time reflected the unique contexts of each individual’s life. This was a process of transformation from a fractured-constricted sense of life to a synthesized balance manifest as a perception of self as belonging in an interdependent world. / Graduate

Some legal practitioners may disagree with the idea of a restorative criminal justice system as a better solution than retributive one. Can a criminal justice system provide justice for all while concurrently reducing the use of imprisonment? Is it possible to keep the community safe, punish and correct offenders, and reduce crime rate while reducing the use of imprisonment as deterrence? The criminal justice system is in place to do justice to victims, the state and the offender. Justice is not just for the state and the victim with exclusion of the offender. If it were so there would be no need for re-integration. Canada has a growing restorative justice system; this system brings to light the possibility of implementation of restorative element in an existing retributive system to produce a workable hybrid. This thesis seeks to explore these possibilities. Although this does not imply that the Canadian criminal justice system is perfect, quite the contrary it is a work in progress. However, this is an attribute that Nigeria and many other common law countries can learn from and emulate. This paper explains how. / February 2017

Thesis (M.A.) - Simon Fraser University, 2005. / Theses (School of Criminology) / Simon Fraser University. Also issued in digital format and available on the World Wide Web.

The theory of reintegrative shaming (Braithwaite, 1989) and circle sentencing program are examples of restorative justice initiatives. Restorative justice is part of a movement towards alternatives to the formal justice system based on retributive principles. Hypotheses based on Braithwaite's (1989) theory of reintegrative shaming were analyzed through data on the circle sentencing program in the Yukon Territory (Canada). Circle sentencing was introduced in 1992 primarily for sentencing First Nation (Aboriginal) offenders. Secondary data were collected on the outcome for 164 offenders and 10 communities who were involved between 1992 and 1997. Recidivism data were collected on offender contacts with the justice system for three years following initial circle sentencing. Fifty-three percent of offenders were convicted of further crimes. Recidivism increased to 68% when criminal charges and/or days incarcerated were included. Interdependency characteristics of offenders were predictor variables: age; gender; marital status; educational level; and employment status. Interdependency criterion variables were: 1) number of convictions (multiple regression); and 2) offender's status either as reintegrated or stigmatized (logistic regression). Communitarianism predictor variables were: urbanization (size of population) and mobility (population change and mobility). The criterion variable was average crime between 1994 to 1999). Combined interdependency and communitarianism predictor variables were also compared with the number of convictions. None of the regression models were found to be significant. Therefore, Braithwaite's (1989) theory did not describe the circle sentencing program as practiced in the Yukon. Limitations of the application of theory may include: 1) lack of opportunities and resources for offenders; 2) alcohol use by 95% of the population; 3) inadequate follow-up and support; 4) failure to adequately shame (accountability); and 5) historical and cultural damage. Community participation in planning initiatives would ensure innovations reflected community needs. Additional explanations could be the unique characteristics of the Yukon communities, especially with high levels of population mobility and population changes. / Thesis (Ph. D.)--University of Hawaii at Manoa, 2003. / Mode of access: World Wide Web. / Includes bibliographical references (leaves 136-149). / Electronic reproduction. / Also available by subscription via World Wide Web / xv, 149 leaves leaves, bound 29 cm

Thesis (Ph. D.)--University of Hawaii at Manoa, 2003. / Includes bibliographical references (leaves 136-149).

Thesis (M. Soc. Sc.)--University of Hong Kong, 2000. / Includes bibliographical references (leaves 60-65).

Thesis (M.Soc.Sc.)--University of Hong Kong, 2000. / Includes bibliographical references (leaves 60-65) Also available in print.

Since the International Military Tribunal (IMT) at Nuremberg, the first international tribunal to try individuals for international crimes, the role of victims of international crimes in international criminal proceedings has been limited to that of witnesses. The ad hoc international tribunals – the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL) did not change this position. As such, the International Criminal Court (ICC) is the first international criminal tribunal to provide for the rights of victims to participate in their own right in criminal proceedings. Similarly, it is the first such tribunal to provide for the right to reparations. This thesis focuses on the right of victims to participation and to reparations under the Rome Statute of the International Criminal Court. It argues that the ICC offers an opportunity for the entrenchment of the concerns of victims in the international criminal process. However, it suggests that this depends on what framework of justice the Court adopts. The thesis further argues that previous international criminal tribunals – the IMT at Nuremberg and the ad hoc International Criminal Tribunals (ICTY, ICTR and SCSL) – operated on retributive and utilitarian theories of criminal justice that are exclusionary of and inimical to specific concerns of victims of international crimes. The largely retributive and utilitarian objects driving these systems limited victims to a peripheral status in the process and failed to address fully the harm occasioned to victims. This thesis suggests that the ICC should adopt a restorative justice paradigm in order to give full effect to the rights of victims while protecting the rights of defendants and meeting the law enforcement functions of the Court. The thesis reviewed the relevant texts – the Rome Statute, its Rules of Evidence and Procedure and other instruments – and demonstrated the fact that the ICC framework provides a basis for such a restorative justice paradigm. In order to suggest a trajectory for the operationalisation of the ICC victims’ rights regime underpinned by principles of restorative justice, the thesis attempts a systematic review of the rights of victims in criminal law processes in select domestic criminal justice systems, international human rights tribunals and other international courts. At the same time, the thesis reviews the implementation of reparations in various contexts and made suggestions as to how the ii ICC and the Victim Trust Fund (VTF) should proceed in this regard within the relevant legal and institutional framework. In relation to the right to participate, the thesis concludes that Article 68(3) of the Rome Statute – the general provision on the subject – strikes the right balance between the right of victims to participate, defence rights to an expeditious trial and the law enforcement function of the Prosecutor. However, the scope of victim participation at various stages of the proceedings will depend on, among others, the paradigm of justice adopted by the Court and, in view of the Prosecutor’s seemingly knee-jerk opposition to victim participation, the attitude adopted by the Court itself to this new right of victims to participate. The thesis reviewed relevant texts and concluded that the Rome Statute’s victims’ rights regime presupposes a restorative model of justice – understood as values and principles rather than ‘practices’ and ‘methods’ as applied in some national criminal justice systems. Restorative justice contemplates a central role for victims of crime in relevant proceedings. Henceforth, the rights of defendants must not only be weighed against the concerns of the Prosecutor but also the right of victims to participate. The thesis concluded further that the tests established for victims’ participation – appropriateness, the requirement for their personal interests to be affected and the rights of defendants – present serious challenges in view of the fact that ICC crimes for the most part will involve mass atrocity. The number of victims who may eventually participate in particular proceedings is thus very small. The thesis notes that while the provision for legal representation of victims alleviates some of the difficulties associated with participation by a varied mix of victims in complex proceedings, it may be considered as diminishing the impact of direct participation. While the scope and modes of victim participation will vary at various phases of proceedings, current jurisprudence at the ICC shows that the Court seems to favour a broad presumption of victim participation. Since full realisation by victims of the right to participate will depend on the role that the Court will play, it is crucial that the right paradigm of justice is adopted. With respect to the right to reparations, the thesis notes that this is perhaps the greatest innovation in the Rome Statute. The study found that the Rome Statute establishes two ‘focal points’ for purposes of reparations – the Court and the Victim Trust Fund (VTF) – in close relationship with each other. Drawing from the iii experience of national criminal justice systems, the thesis acknowledged the practical difficulties involved in vesting a criminal court with a reparation function will pose particular challenges for the Court. These include the need to protect the right of a defendant to a speedy trial, the presumption of innocence and to conduct efficient proceedings. Having reviewed the texts and relevant jurisprudence, the study concluded that various mechanisms, including various permissive rules and the creation of the VTF make it possible to address some of the difficulties associated with the right to reparations in the ICC. The thesis further noted that while a reading of the relevant provisions establishes the possibility of the Court and VTF instituting independent reparations schemes, it is imperative that the two collaborate in order to give full effect to that function. In any case, while Regulation 56 of the Court’s Regulations provides for the possibility of considering reparations issues during the main trial, the fact that a reparation order against an accused is dependent on finding of guilt of the accused, it necessarily means that a definitive finding on reparation has to come after that. Further, the thesis concluded that in context of mass atrocities and the possibility that numerous victims may prove the requisite links to a case to obtain reparations, holding joint proceedings would complicate and burden the trial. However, the thesis endorsed the initial view of the Court that evidence concerning reparations could, at least in part – where appropriate, and in the interest of efficiency and victims – be considered during the trial. The thesis further concluded that the VTF, which presents greater flexibility than the Court in terms of standards of proof, the requirement for criminal liability and various other mechanisms should be allowed a more prominent role in the processing of reparations. A survey of various mass reparation schemes – Holocaust reparations, South African TRC, the Rwandan Gacaca model and the United Nations Compensation Commission (UNCC), as well as the Alien Tort Claims Act (ATCA), a particular mass tort litigation mechanism – offer some useful lessons on a range of challenging reparation related questions. The study concluded that while the Rome Statute offers an important opportunity for victims in terms of reparations, various challenges including shortage of funds and the large number of victims requires that situation countries – those states under investigation by the ICC and from which victims are drawn – cannot abandon iv their primary responsibility of providing appropriate remedies for victims. The ICC is not, and cannot be a panacea for the concerns of victims of international crimes.

Feminist critiques have been instrumental in cautioning the use of restorative justice in cases of domestic violence. However a smaller body of feminist literature examining the issues from the perspective of victim-survivors, supports the use of restorative justice in domestic violence cases. This thesis aims to contribute to the second body of research and incorporate particular victim-survivor voices into a debate that has profound implications for how justice could be administered for future victim-survivors of domestic violence. Thematic, narrative and discourse methods of analysis were used to reveal and explore e-interviews with two B.C women who experienced domestic violence and underwent a restorative justice process in response. Within a feminist framework, the results support the view that, when safety and power can be fully addressed, restorative justice renders benefits not obtainable in the traditional justice system: victim-survivors experience empowerment, and achieve healing and closure. / Graduate