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...

Post conflict justice is a concept that has in the last two decades gained notoriety and support across the world. The commitment by states to fight impunity by embracing accountability measures has increasingly gained support. This however, was not always the case. Before the 1980s the approach by most of the world was to turn a blind eye to serious violations committed during wars, insurgencies and serious conflict. This was done in the name of respecting state sovereignty, where other states were required to respect the conflict state by not intervening irrespective of egregious violations being committed to mankind. The tide eventually changed and many states have adopted numerous instruments as a sign of their commitment to fight impunity and bring accountability to the perpetrators of serious conflict. African states embraced this development, in 1998 during the Rome conference where the Rome Statute for the International Criminal Court was adopted. African states participated in large numbers during the negotiations. Subsequently, African states signed and adopted the Statute overwhelmingly. To date, 33 African States have ratified the Rome Statute making Africa the most represented region in the Rome Statute system. With Africa's share of countless conflicts, where serious human rights violations have been violated, post conflict justice is increasingly a reality in Africa. The application of post conflict justice is an emerging and ever evolving field in Africa. The implementation of post conflict justice has been the center of contested debates. These debates have in the recent past become more pronounced especially where international intervention has been applied in assisting African post conflict societies to deal with the past and bring accountability. The impact that the accountability mechanisms play in restoring a post conflict society has been overshadowed by these debates. This study therefore seeks to provide a balanced discussion on the role that the accountability mechanisms can play in African post conflict societies. The study gives an overview of the evolution of post conflict justice and also looks into the different post conflict justice approaches adopted by African countries and their potential role in accountability and societal healing. The empirical cases of South Africa and Kenya are analysed in the study as practical examples of the application of post conflict justice approaches. The impact of the accountability mechanisms adopted is also discussed. The unique role that the African Union plays in fighting impunity in the continent is also discussed and the impact of positions taken by the continental body on accountability in post conflict countries is analysed. In the end the study seeks to establish the growing pattern in Africa in dealing with post conflict situations and recommendations are made in the final chapter on how to improve the general approach by Africa to eradicate the culture of impunity for serious crimes committed in the continent.

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....

The purpose of this study was to describe the experiences and perspectives of the users of the services of the Restorative Justice Centre in Pretoria. A phenomenological study was conducted to gain insight in the participants experiences and perspectives of the the services rendered. Data collection was done using indepth interviews with a sample population of girls who were victims of sexual abuse and their caregivers. The reseacher made use of Colaizze (1978) data analysis approach following the transcription of audio recorded information.The study found that first time contact can be a daunting experience for victims, which touches on complex issues like discomfort, fear, cultural barriers and timing. Generally, clients were positive about social workers who build up a meaningful relationship based on empathy and respect. However, clients were concerned about unintentional, but insensitive behaviour by practitioners. Services that recognize a client‟s culture and language, as well as context are viewed as empowering. Therefore, restorative justice interventions should be holistic and consider the context in its approaches / Health Studies / M.A. (Public Health)

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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