The present dissertation, a prerequisite for the conclusion of the Master in Education at the Postgraduate Program in Education of the Federal University of Santa Maria, is tied to the research line: School Practice and Public Policy. This is a qualitative-quantitative research, a case study type. Portrays the violent conflicts of bullying at school and their entanglements with the Restorative Justice. Aims at understanding how violent conflict are presented in school and the characteristics that define the practice of bullying, its characters and forms of intervention. Raises the issue of judicialization of school conflicts and the existence of another lens for conflictive resolution under the restorative bias. Presents Restorative Justice, its application in Brazil and structure of the Restorative Circles. Through research, it was found that Restorative Justice favors the performance of teachers and students, as a useful tool in confronting and preventing violent conflict of bullying at school. / A presente dissertação, pré-requisito para a conclusão do curso de Mestrado em Educação do Programa de Pós-Graduação em Educação da Universidade Federal de Santa Maria, está vinculada a linha de pesquisa: Práticas Escolares e Políticas Públicas. Trata-se de uma pesquisa quali-quanti, do tipo estudo de caso. Retrata os conflitos violentos de bullying na escola e seus entrelaçamentos com a Justiça Restaurativa. Objetiva compreender como os conflitos violentos se apresentam na escola e as características que definem as práticas de bullying, seus personagens e formas de intervenção. Suscita a problemática da judicialização dos conflitos escolares e a existência de outra lente para resolução conflitiva, sob o viés restaurativo. Apresenta a Justiça Restaurativa, sua aplicação no Brasil e a estrutura dos Círculos Restaurativos. Com a pesquisa, constatou-se que a Justiça Restaurativa favorece a atuação de professores e alunos, como ferramenta útil no enfrentamento e prevenção dos conflitos violentos de bullying na escola.

In my dissertation "Problémy trestního soudnictví ve věcech mládeže" I speak about the issues of criminality of the young and about the forms of reactions to misdemeanour caused by the young perpetrators or children. The main legal regulation in this area is the law no. 218/2003, about the judiciary in cases of the young, that contains the arrangement of the material and the procedural law. In connection to the criminal law and the penal code it is a lex specialis. In the first chapter I speak about the theoretical fundation of the law arrangement, and so about the conception of the restorative judiciary. The main idea of this conception is to favor the educational action before repression. The aim is the relationship reconsiliation between the perpetrator and the victim, the awareness of one's deeds and subsequent continuance in one's life in conformity with legal order. The theme of the second chapter is the terminology of the judiciary law in cases of the young. A different terminology was implemented in order to reduce the stigmatization of the young perpetrators, due the interest of their proper development. The third chapter represents a brief retrospect to the history of law arrangement in the area of criminality of the young. In particular, it speaks about the judiciary law among the young...

This master's thesis deals with the topic of agreement on guilt and punishment, which became a part of the legal system of the Czech Republic on 1 September 2012 - by effect of the eighty-third amendment to the Criminal Procedure Code, which was implemented by the Act no. 193/2012 Coll. The agreement on guilt and punishment is an alternative way of solving criminal cases. As is apparent from its title, it is the negotiation of an agreement between the prosecutor and the accused, or even injured person, whose objection is a solution to the question of guilt and punishment. A necessary prerequisite of its validity is subsequent approval of the negotiated agreement on guilt and punishment by the court. When designing a statutory regulation of a particular institute it is always necessary to pay attention to the advantages and disadvantages that will most likely accompany this institute. The positives must obviously outweigh the negatives and try to minimize them as much as possible. Simply stated, the institute must bring more good than harm. The main aim of my thesis is to introduce the comprehensive legislation of the agreement on guilt and punishment, to assess the positives and negatives accompanying the agreement on guilt and punishment, and to point out the specifics, imperfections and...

This diploma thesis focuses on issues connected with conditional discontinuation of criminal prosecution. This concept enables to temporarily suspend criminal prosecution with the provision that if the accused complies with certain set conditions during a certain probation period, the criminal prosecution will be discontinued with final effect. This paper chiefly aims to analyse in detail the conditions required by the Code of Criminal Procedure for the application of conditional discontinuation of criminal prosecution. The paper also presents a brief analysis of the conditions required for other diversions of criminal proceedings permitted under Czech laws. This diploma thesis consists of the introduction, five individual chapters, of which the third and fourth are further divided into subchapters, and the conclusion. The first chapter deals with the concept of restorative justice, which serves as the ideological basis for procedural diversions. An analysis of its individual values, principles and ideas is presented. The first chapter also includes an outline of the programmes under which restorative justice is being developed. The conclusion of this chapter contains the author's thoughts concerning the individual programmes and their implementation in the Czech legislation. The second chapter...

Conditional discontinuance of criminal prosecution is an institute that was introduced into Czech criminal procedure law more than twenty years ago. Over the years, this alternative way of handling criminal cases has become the most commonly used (in the last four years, the second most commonly used) means of all alternative ways called diversions. This diversion is used by both prosecutors and courts in cases of less serious criminal offenses. The point of conditional discontinuance of criminal prosecution is the decision of the prosecutor or the court not to initiate criminal court proceedings or cease them under certain conditions, the most important of them being the offender reimbursing the injured party for the damages caused by the crime. The goal of the author of this thesis is to briefly write about the history of alternative ways of handling criminal cases and their introduction into Czech criminal law, then to move on to specifically discussing the institute of conditional discontinuance of criminal prosecution, the conditions that must be met for its use, the benefits it brings into Czech criminal law and criminal proceedings and to compare it with other types of diversions, as well as with the use of the same institute in Slovak criminal law under slightly different conditions. The...

The master thesis addresses the institute of the conditional discontinuance of criminal prosecution. Being one part of divergences, the core of the conditional discontinuance of criminal prosecution lays in temporally suspension of further criminal proceeding with a premise of its definitive suspension if the legal requirements are met. Except for the introductory part and the conclusion, the thesis is divided into three main chapters. The first chapter is devoted to the concept of restorative justice and deals also with a concept of divergences. In addition to the definition of the divergence the thesis addresses adequately particular types of divergences as they appear in Czech criminal proceedings. The core of the thesis shall be found in the chapter number two, which provides a closer look at the conditional discontinuance of criminal prosecution itself. Through all the paragraphs in this chapter the conditions of an application of the conditional suspension, the course of the probation period and particularities of this proceeding are being dealt with. Furthermore, the chapter includes also a summarization of an evolution of the law, as well as a brief study of a Slovak conception of conditional discontinuance of criminal prosecution. In the closing chapter several de lege ferenda thoughts are...

Magister Legum - LLM / This study assesses the development ofvictims' rights in the legislative and policy framework in South Africa. It is argued that although victims' rights are recognised more has to be done to concretise these rights.

This research explores the indigenous conflict resolution processes practiced by the Tharu community living in Nepal’s Bara, Dang and Bardiya districts, the role of Tharu traditions and customs, and the function of the Barghar-Mukhiya. Due to geographic and monetary challenges experienced by the Tharu accessing Nepal’s formal justice system, they continue to serve as a viable and vibrant vehicle for resolving minor and major conflicts at the community level and form the basis of researcher’s Barghar-Mukhiya model. Shaped by Tharu collectivist culture and traditions, it supports the social fabric of the community. Utilizing qualitative case study methodology, this research assesses important aspects of the Barghar-Mukhiya model, processes and impact. Primary data sources include individual and focus group interviews, and researcher observations; and, secondary sources include document collections and archival material. Research findings explore six emergent themes: Rituals/Festivals, Inclusion/Dialogue, Identity/Security, Structure/Barghar-Mukhiya, Process/Reconciliation Processes, and Participation/Acceptance. This model is assessed for strengths and challenges. Where it is practiced, it continues to help maintain community harmony and peace. The model’s core of restorative practices, forgiveness, reconciliation, consensus-based decision-making, and use of dialogue circles is instrumental in transforming conflicts. This research contributes to the field of peace and conflict studies, providing analysis of an indigenous model that strives to reach a balance between traditional beliefs and the modern judicial system.

American prisons are overflowing with inmates exacting an incalculable human and moral cost on inmates, their families, and society. A central theme in criminality is the inability to deal with conflict and the affiliated emotions in an appropriate manner. Further, problem-solving, communication, and consequential thinking skills are lacking in the lives of many inmates due to lack of proper role models, lack of skills, and lack of expectations. Focusing on inmate education is one of the most effective forms of crime prevention according to leading criminological theorists. This phenomenological study was an assessment of a ten-session, holistic conflict resolution course for inmates called Reach Out with Purposeful Engagement Skills. The course is centered on emotional intelligence skills including self-awareness, self-regulation, and empathy, and incorporates a multi-theoretical framework consisting of (a) human needs theory, (b) hope theory, (c) social construction theory, (d) appreciative inquiry, and (e) restorative justice principles. The teaching methodology was centered on positive criminology, a sub-group of positive psychology which embraces concepts such as compassion, encouragement, goodness, gratitude, positive modeling, and spirituality. An underlying belief was that recognition of individual participant strengths, if nurtured and developed, can contribute toward personal change. Results of the study describe participant’s perceptions of self-efficacy in conflict resolution which resulted in personal change and empowerment. This study contributes toward qualitative literature supporting socio-emotional education for inmates delivered in a constructive environment to inspire transformation at a deep and necessary level in order to support and promote desistance.

Submitted in fulfillment of the requirements for the degree of Doctor of Philosophy in Management Sciences: Public Management (Peacebuilding), Durban University of Technology, Durban, South Africa, 2017. / The retributive justice system has been used in most parts of the world aimed at rehabilitating, deterring and incapacitating offenders. High prison rates reveal that the retributive justice system has not been too effective when it comes to reducing recidivism and addressing causes of crime. The system makes offenders to be accountable to the state, while victims of crime are left out of the picture. Family members of offenders, who are the secondary victims, are also closed out of the system, while in essence; they suffer a lot including loss of family members to imprisonment, which affects the family fabric. This research seeks to enhance the restorative justice work with ex-prisoners done by Second Chance Rehabilitation centre. The question that this research seeks to answer is: can restorative justice models have a positive impact on the lives of ex-prisoners and their families? An Action Research paradigm was used during this study. Eleven restorative justice interventions were implemented with a group of twelve ex-prisoners, while four sessions were implemented with ten family members of the ex-prisoners. The findings of this research reveal that, participants attained new knowledge through these interventions, which influenced their attitudes and behaviour about life and relationships. Additionally, the study revealed that human beings are social beings, who can be socialised into doing right, which is a message that should be passed on to policy makers, so they would implement effective rehabilitative processes which will yield transformative results. / D