Spelling suggestions: "subject:"restoration justice""
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Who owns restorative justice? : exploratory interviews with restorative justice practitioners /Ouellette, Melissa. January 1900 (has links)
Thesis (M.A. (Criminology)) - Simon Fraser University, 2004. / Theses (School of Criminology) / Simon Fraser University. Includes bibliographical references.
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Towards an integral transformation : through the looking glass of restorative justiceMoore, Shannon Amanda 24 May 2017 (has links)
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
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Restorative justice: a means to reduce imprisonment, instigate and implement rehabilitation and reintegration.(a comparative study of canadian and nigerian criminal justice system)Fadeyi, Ifeloluwa 28 October 2016 (has links)
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
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Bridging the gap: exploring the role of community in restorative justice /Abramson, Alana Marie. January 2005 (has links)
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.
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Testing Braithwaite's theory of reintegrative shaming through data on the circle sentencing program in the YukonPercival, Christel Skinner 05 1900 (has links)
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
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Testing Braithwaite's theory of reintegrative shaming through data on the circle sentencing program in the YukonPercival, Christel Skinner. January 2003 (has links)
Thesis (Ph. D.)--University of Hawaii at Manoa, 2003. / Includes bibliographical references (leaves 136-149).
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Restorative justice : the future penality of Hong Kong /So, Chun-kong, David. January 2000 (has links)
Thesis (M. Soc. Sc.)--University of Hong Kong, 2000. / Includes bibliographical references (leaves 60-65).
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Restorative justice the future penality of Hong Kong /So, Chun-kong, David. January 2000 (has links)
Thesis (M.Soc.Sc.)--University of Hong Kong, 2000. / Includes bibliographical references (leaves 60-65) Also available in print.
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Restorative justice in international criminal law: the rights of victims in the international criminal courtMusila, Godfrey 16 March 2010 (has links)
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
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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
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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
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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.
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The effect of restorative justice on women’s experiences of personal power and safetyClow, Holly 30 April 2015 (has links)
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
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