This is a deductive study testing Hudson’s (2006; 2003) theory of social justice and, specifically, her delineation of three restorative justice principles (discursiveness, reflectiveness and relationalism) in order to explore how the principles might respond to the justice needs of women who have experienced abuse and violence by male intimate partners. Through in-depth and critically informed one-on-one interviews with twelve women who have experienced intimate partner violence in former relationships, it asks how abused women conceptualize justice and how justice might be done through restorative justice principles. The women offer social conceptualizations of justice and of doing justice that reconfigure the principles of restorative justice to prioritize protective solutions, and they locate them in domains outside of criminal justice where the complexities and dynamics of intimate partner violence are well understood and they demonstrate openness to support abused women. Their feedback about restorative justice principles suggests configurations in social service domains such as help lines, crisis centres, and shelters and, more broadly through policies enabling social responsibility in domains such as workplaces, media, and social media where there is the potential to create collaborations and protective solutions. Despite frustrations with the criminal justice system for its inability to provide long term protective solutions, given its ability to help some women in the short term, the women were not willing to jettison it.

Restorative Justice (RJ) is an approach to justice which most often centres around creating a shared dialogue between stakeholders in a given offence. It is often contrasted with traditional criminal justice due to its focus on the personal involvement of those who have been directly impacted by the harm. Popular models of RJ include various types of mediation, conferencing, and circles, each with a slightly different approach toward reaching a settlement between stakeholders. Some of the main goals of RJ highlighted in the criminological literature include healing, reparation, and community-building. However, because of its nature as a diverse and contested subject over the past several decades, there are numerous understandings of RJ. Due to this frequent difficulty in defining and understanding RJ, this thesis attempts to provide some grounding on the subject through the document analysis of four Canadian RJ programs. RJ program documentation was analyzed in order to discover how these programs portray their “services” to the public. Results showed that many of the most prominent themes in the programs were also present in the literature. However, a more important facet of the discussion emerged with further analysis. Using a perspective of governmentalist versus communitarian RJ, the programs were compared to discover that the way in which a program presents itself in online documentation surely does not always encapsulate its core nature in terms of judicial, legal, and correctional involvement. Simply put, a verbal commitment to distancing oneself from the ways of the traditional criminal justice system does not necessarily signify a lack of involvement as it would suggest.

The theory of restorative justice has always lagged behind practice. As such, gaps in theory have existed over time and continue to exist today, particularly in terms of explaining “the magic” that occurs within the encounter process. By exploring the theories of Jürgen Habermas, it is suggested that new frameworks can be developed that can help theorists think about, and explain the experiences and outcomes central to restorative processes. This paper focuses on Habermas’ theory of universal pragmatics and communicative action as a means to better understand the mechanisms within the encounter process, and the conditions necessary, to give rise to common understanding, agreement, learning and strengthened relationships. It then examines Habermas’ concept of the lifeworld and the interplay with communicative action to shed light on restorative justice’s potential for community building through norm clarification, victim and offender reintegration and increased individual capacity.

Thesis (M.A.)--Carleton University, 2003. / Includes bibliographical references (p. 92-96). Also available in electronic format on the Internet.

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)

Thesis (MA (Psychology))--University of Stellenbosch, 2010. / ENGLISH ABSTRACT: The Department of Correctional Services (DCS) has adopted an approach to corrections based on the principle of restoration. This restoration takes place between the offender and the victim, the community and their own family and within themselves. According to DCS, rehabilitation can not take place without restoration (The White Paper on Corrections in South Africa, 2005). For this reason the DCS has shown a concerted commitment to the promotion of restorative justice programmes as part of offender rehabilitation. The aim of the study is to assess the perception that juvenile offenders, who were in prison at the time of the study, have of restorative justice in prison. The findings obtained in this regard could be used to contribute to various aspects of restorative justice in prisons such as what offenders perceive to be indications of readiness to participate in such programmes; the perceived effect of restorative justice programmes on the offender; what facilitative mechanisms can be used, and the extent of the need to educate offenders with regard to restorative justice. The findings could be used to contribute to programme presentation and ultimately to the outcomes of restorative justice programmes in prison. Twenty three participants that were selected were juvenile offenders aged between 18 and 20. They were all serving sentences of more than 2 years, and had served at least 2/3 of their sentence and/or are about to be released. The offences of the participants included economic, violent, sexual and homicide crimes. The DVD titled Burning Bridges was used as a research stimulus and data was gathered by means of individual interviews and a focus group discussion. The data revealed that offenders need to be educated about the principles and practices of restorative justice programmes. The offenders’ ability to address the victim and the community needs to be assessed, as well as their ability to recall and talk about their crime. There should also be a focus on the offender’s general behaviour in prison, which includes their willingness to use the opportunities that they receive in prison. Knowledgeable personnel should be become more involved with the selection of suitable candidates, as they will be able to give a rich description of the offender that is being assessed. / AFRIKAANSE OPSOMMING: Die Departement van Korrektiewe Dienste (DKD) se benadering tot korreksies is gebasseer op restorasie. Hierdie restorasie vind plaas tussen die oortreder en die slagoffer, die gemeenskap, sy/haar eie familie en ook binne die oortreder self. Volgens die DKD kan rehabilitasie van die oortreder nie plaasvind indien restorasie nie plaasgevind het nie (The White Paper on Corrections in South Africa, 2005). Vir hierdie rede het die DKD `n verbintenis gemaak om regstellende geregtigheid programme deel te maak van die oortreder se rehabilitasie. Die doel van die studie is om vas te stel wat jeug oortreders se persepsie van regstellende geregtigheid in tronke is. Die bevindings wat op hierdie manier verkry word kan gebruik word om `n bydrae te lewer tot verskeie aspekte van restellende geregtigheid in tronke. Die data wat verkry word sal aandui wat jeug oortreders beskou as gereedheid om deel te neem aan sulke programme en watter voorsorgmaatreëls in plek gestel kan word om die doelwitte van die program te bereik. Die bevindings kan ook as aanduiding gebruik word of daar `n behoefte aan onderrig aangaande regstellende geregtigheid bestaan. Die studie kan dus gebruik word om by te dra tot die aanbieding van restellende geregtigheid programme, sowel as die uitkomste van die programmme in tronke. Die 23 deelnemers wat geselekteer was, was tussen die ouderdom van 18 en 20. Hulle was almal gevonnisde oortreders wat vir meer as 2 jaar gevonnis was, wat ten minste 2/3 van hul vonnis voltooi het en/of wat binnekort vrygelaat sou word. Die deelnemers was gevonnis vir ekonomiese misdade, geweldsmisdade, seksuele oortredings en moord. Die DVD ’Burning Bridges’ was as navorsing stimulus gebruik en data is gegenereer deur middel van individuele onderhoude en fokus-groep besprekings. Die data het aangetoon dat oortreder opgevoed moet word in verband met die beginsels en die toepassings van regstellende geregtigheid programme. Die oortreder se vermoë om met die slagoffer en die gemeenskap te praat moet geassesseer word, sowel as sy/haar vermoë om die misdaad te herroep en daaroor te praat. Daar moet ook gekyk word na die oortreder se algemene gedrag in die tronk. Dit sluit in sy/haar bereidwilligheid om die geleenthede wat in die tronk aangebied word te gebruik. Personeel wat die nodige kennis en ervaring het moet meer betrokke raak in die seleksie van geskikde kandidate, aangesien hulle instaat sal wees om `n indiepte beskrywing te gee van die oortreder wat geassesseer word.

The justice system in the east-African country Kenya has long been subject to severe corruption and lengthy bureaucracy.  Both historical and current injustices have been left unattended and unaddressed, obstructing community resilience. This has lead to the development of alternative dispute resolution (ADR) mechanisms that often build on traditional practices. In this study the ADR of restorative justice is examined. The study seeks to explore the relationship between the informal practice of restorative justice and the social dimensions of community resilience in the rural communities of Nakuru County in western Kenya. By merging questions on the practice of restorative justice with indicators of community resilience the study has found that the informal practice of restorative justice indeed has links to the shaping of community resilience. The practice has enabled dialogue between different ethnic groups. This has facilitated reconciliation and healing of trauma partly because new narratives have formed and partly because the culture of silence has been broken allowing people to share testimonies of violence and conflict. The study has also informed the community resilience field on the importance for collectivistic communities to have historical and ancestral events honoured, shared and addressed in order to fully enable conditions under which community resilience can form. However the practice shows ambiguous tendencies when it comes to inclusion of all members of society as community elders’ possesses a lot of power over the process, partially restricting community resilience to form.

ALTERNATIVES TO UNCONDITIONAL IMPRISONMENT Pavlína Sýkorová My diploma thesis deals with alternative punishments which may be imposed as an alternative to imprisonment. The thesis is divided into six chapters. In the introduction of my thesis first I deal with general issues, I define the term and the purpose of punishment and I outline the concept of Restorative justice which presents the base of alternative approaches in the penal law. The second chapter describes the system and various forms of alternative sentences and criminal procedure alternatives (procedural diversions), their historical development in the Czech Republic since 1989 and the activity of international organisations in this domain, especially United Nations and The Council of Europe. In this chapter I also present the institution and characterise the activity of the Probation and Mediation Service which has an important role during the imposition and execution of some alternative punishments. The main attention in the thesis is concentrated on the chapters 3 to 6 which concern particular alternative forms of punishment in the valid and effective Czech legislation, their imposition and execution. Successively, I deal with conditional prison sentence, pecuniary punishment, community service and home arrest. Final subchapters of these...

Introduction: Renewed efforts for controlling criminality in Sweden are demanded by the Swedish Government. Restorative justice conferences (RJC), in Sweden known as mediation, can be described as a meeting mediated by a trained facilitator in which the offender and the victim of a crime meets, sometimes together with their friends and family. RJC aims to promote the offender to take responsibility for his or her actions and repair the damage the victim has suffered. Research on RJC shows promising results in regard of reduced recidivism and increased victim benefits. No Swedish publication studying public opinion on RJC has been found. The theoretical framework of reintegrative shaming stated that a community that offer reintegration is essential for successful crime prevention. Aim: To measure the level of RJC support held by a Swedish community sample in regard of different offender and offence characteristics. Method: Participants were recruited at a Swedish authority located in nine different cities (n = 192) and surveyed using an online questionnaire. The questionnaire was based on two scales measuring benefits of restorative justice and support for participation in restorative justice derived from a previous study. Results: The respondents had an overall positive attitude toward RJC. No respondent demographic was associated with the total level of restorative justice support although differences were found when using age and gender as independent variables. Respondents were more positive of RJC for juvenile offenders and non-violent crime. Discussion: A discussion regarding the public support for RJC in relation to offender recidivism is provided established on reintegrative shaming and previous empirical evidence. Concluding arguments for RJC to be extended in a wider context in the Swedish penalty system are presented. / <p>2016-06-01</p>

My thesis deals with selected problems related to the criminal justice in the matter of youth. These problems mainly result from the fact that this is a specific group of offenders and that it is necessary to react to their unlawful activities and viewed them in a different way compared to the cases of adults. Therefore criminal law of young offenders resulted in the separate legal regulation which is contained in the Act no. 218/2003 Coll., on Judicial System in the Matter of Youth. I divide this thesis internally into six parts which have a logical sequence. The first part deals with terminology which occurs in the Act and differs from general adjudication which is stipulated by the Criminal Code and Code of Criminal Procedure. It is necessary to acquire different terms to get a good orientation in the given issues. The second part deals with restorative justice on which basis the act on judicial system in the matter of youth is built up. It is a restoring justice where no primary vengeance exists. Since we cannot say that there exists a stable definition of restorative justice, I mention mainly the principles which this concept is based on. Further, I make a passing comment about some institutes and provisions in which the principles of restorative justice are reflected. Next part describes...