The Transition From Retributive To Transformative Justice
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The Transition From Retributive To Transformative Justice
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Author : Cory Contini
language : en
Publisher: GRIN Verlag
Release Date : 2013-07-18
The Transition From Retributive To Transformative Justice written by Cory Contini and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-18 with Law categories.
Scientific Essay from the year 2009 in the subject Law - Criminal process, Criminology, Law Enforcement, grade: 86, Ottawa University, course: Penal Abolitionism, language: English, abstract: Crime has long been a stable term with a finite definition, but many modern reforms attack the foundation of retributive justice. Following two incidents of children killing children, this paper will examine various arguments made by Nils Christie (2000) and Louk Hulsman (1986) in regards to crime. This paper will describe and analyse the public and political responses to two notorious cases of the killing of children by children, one in England and one in Norway. Using the works of Christie (2000) and Hulsman (1986), I will present the ways in which the cases were discussed as symptomatic of wider social problems, and how differently England and Norway acted, ultimately portraying their respective juvenile criminal justice system. This paper will examine both the similarities and the differences in the reactions to the killings in England and Norway, arguing that while the similarities may be more obvious the differences may be more instructive. On the surface, both seem like similar cases but because of the different geographical locations, they were handled quite differently. This sets up the context of penological arguments about the emergence of a postmodern penality. To start, one must understand the basis of Christie's (2000) and Hulsman's (1986) theories respectively. Nils Christie (2000) argues that a nation's extent and level of punishment is a normative question. In criminology, the term normative defines the structures within culture which help regulate the proper function of society. These structures encourage and enforce valued social activity and discourage negative acts. Punishment is normative because crime control executives and decision-makers are both free and obliged to choose how far punishment will go. The argument Christie (2000) raises is that contemporary crime control values the prison-industrial complex (expansion, big business, and continued incarceration) because society fears any alternative.
Restorative Justice In Transition
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Author : Kerry Clamp
language : en
Publisher: Routledge
Release Date : 2013-09-05
Restorative Justice In Transition written by Kerry Clamp and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-05 with Social Science categories.
This book explores how restorative justice is used and what its potential benefits are in situations where the state has been either explicitly or implicitly involved in human rights abuses. Restorative justice is increasingly becoming a popular mechanism to respond to crime in democratic settings and while there is a burgeoning literature on these contexts, there is less information that focuses explicitly on its use in nations that have experienced protracted periods of conflict and oppression. This book interrogates both macro and micro utilisations of restorative justice, including truth commissions, criminal justice reform and the development of initiatives by communities and other non-state actors. The central premise is that the primary potential of restorative justice in responding to international crime should be viewed in terms of the lessons that it provides for problem-solving, rather than its traditional role as a mechanism or process to respond to conflict. Four values are put forward that should frame any restorative approach – engagement, empowerment, reintegration and transformation. It is thought that these values provide enough space for local actors to devise their own culturally relevant processes to achieve longstanding peace. This book will be of interest to those conducting research in the fields of restorative justice, transitional justice as well as criminology in general.
Transitional Justice Theories
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Author : Susanne Buckley-Zistel
language : en
Publisher: Routledge
Release Date : 2013-10-30
Transitional Justice Theories written by Susanne Buckley-Zistel and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-30 with Law categories.
Transitional Justice Theories is the first volume to approach the politically sensitive subject of post-conflict or post-authoritarian justice from a theoretical perspective. It combines contributions from distinguished scholars and practitioners as well as from emerging academics from different disciplines and provides an overview of conceptual approaches to the field. The volume seeks to refine our understanding of transitional justice by exploring often unarticulated assumptions that guide discourse and practice. To this end, it offers a wide selection of approaches from various theoretical traditions ranging from normative theory to critical theory. In their individual chapters, the authors explore the concept of transitional justice itself and its foundations, such as reconciliation, memory, and truth, as well as intersections, such as reparations, peace building, and norm compliance. This book will be of particular interest for scholars and students of law, peace and conflict studies, and human rights studies. Even though highly theoretical, the chapters provide an easy read for a wide audience including readers not familiar with theoretical investigations.
Stories Of Transformative Justice
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Author : Ruth Morris
language : en
Publisher: Canadian Scholars’ Press
Release Date : 2000
Stories Of Transformative Justice written by Ruth Morris and has been published by Canadian Scholars’ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
"Can justice be healing? Can crime victims find a new peace through transformative processes that include victims, offenders and community in creative solutions that enable all to grow? We can "turn irritation into iridescence," find ways to take the hard blows of life, and use the very power of our pain to grow from the experience, and create new hope beyond crime or other trauma. Forgiveness is an untapped force in our revenge-oriented culture. These stories show that forgiveness is not condoning or forgetting, or failing to set limits. Forgiveness is recognizing and acknowledging all that was wrong, but refusing to be destroyed by it, and refusing to be drawn into a cycle of hatred and bitterness. We can change our criminal justice system to include transformative methods. We can change our world to one with greater social and economic justice. For readers who yearn for realistic hope in these troubled times, this is a must read." --
Criminal Justice
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Author : Eleanor Hannon Judah
language : en
Publisher: Routledge
Release Date : 2013-04-03
Criminal Justice written by Eleanor Hannon Judah and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-03 with Medical categories.
There are nearly two million inmates in America today. Are there better alternatives to incarceration? Criminal Justice: Retribution vs. Restoration presents new answers and unconventional suggestions addressing America’s overcrowded prisons and jails, high recidivism rates, and weakened family and community relationships with ex-prisoners. Experts in the field discuss the benefits and failures of America’s criminal justice system at various times in history and today, then explore possibilities to improve on that system. This groundbreaking book introduces encouraging, therapeutic approaches to criminal justice that include treatment, rehabilitation, and the direct involvement the victims, the families, and the communities. Criminal Justice looks at America’s over-reliance on punishment and retribution as the means of responding to prevalent social problems and examines the justice system’s tendency to incarcerate—rather than treat—minority, mentally ill, poor, and drug-dependent offenders. The authors—who are all active in some field of criminal justice—argue for a restorative model of correction that is more humane to both offenders and victims. This model opens up dialogue between offenders and their victims, families, and communities by promoting hallmark programs, including victim offender mediation, conferencing, peacemaking circles, restitution, and community projects and services. Criminal Justice includes such intriguing topics as: the social costs and moral economy of incarceration drug policy—should drug users be incarcerated or rehabilitated? the potential of restorative justice—a first-hand account from a prison inmate restorative justice and faith communities the practice and efficacy of restorative justice the path from fury to forgiveness—the emotions of the mother of a murdered child strategies for creating safe and just communities women in prison—their special needs both during incarceration and after re-entry social work and criminal justice—how they work together grassroots advocacy for criminal justice reform—a look back over the last 30 years by the founders of CURE (Citizens United for Rehabilitation of Errants) This book’s foundation rests on the Biblical concepts of restoration, healing, forgiveness, reconciliation, and responsibility. Criminal Justice: Retribution vs Restoration is an eye-opening look at the negative effects of our current system of blame and punishment and offers hope for better, more humane methods in the future. This holistic, empowering, and strengths-based perspective offers insight and suggestions that are valuable for students, social workers, policymakers, and criminal justice professionals.
Doing Justice Better
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Author : David J. Cornwell
language : en
Publisher: Waterside Press
Release Date : 2007
Doing Justice Better written by David J. Cornwell and has been published by Waterside Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Social Science categories.
With an escalating number of criminals going to prison, longer sentences, overcrowded and ineffective regimes, high rates of re-offending and an eclectic penal policy, there is a prison crisis. In this book, the author argues that this penal malaise is grounded in media sensationalism of crime and the need of politicians and their advisers to retain electoral credibility. Change is long overdue, but it requires a fresh, contemporary penology based on restorative justice. This book challenges the status quo, asks 'different questions' and places victims of crime at the centre of the criminal justice process.
Civilising Criminal Justice
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Author : David J. Cornwell
language : en
Publisher: Waterside Press
Release Date : 2013-08-19
Civilising Criminal Justice written by David J. Cornwell and has been published by Waterside Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-19 with Law categories.
Probably the best collection there is, Civilizing Criminal Justice is an inescapable resource for anyone interested in restorative justice: truly international and packed with experience while combining history, theory, developments and practical advice.This volume of specially commissioned contributions by widely respected commentators on crime and punishment from various countries is a break-through in bringing together some of the best arguments for long-overdue penal reform. An increasingly urgent need to change outmoded criminal processes, even in advanced democracies, demands an end to those penal excesses driven by political expediency and damaging notions of retribution, deterrence and punishment for its own sake. Civilising criminal justice will make it fairer, more consistent, understandable and considerate towards victims of crime, currently largely excluded from participation. Principles of reparative and restorative justice have become increasingly influential in the quest to provide justice which tackles harm, compensates victims, repairs relationships, resolves debilitating conflicts and calls offenders to account. And in any case, what real justification is there for subjecting more and more people to the expensive but hollow experience of prison, especially at a time of economic stringency. Civil justice in its various forms can be swifter, cheaper and more effective, in court or through mediated processes focusing on the harmful consequences of offences rather than inflicting punishment that may satisfy a baying media but come home to haunt the community. This brave and generous book (600 pages) illustrates the many different ways in which criminal justice can be civilised and how lessons can be learned from practical experience across the world and shared expertise. It is a volume that every politician should read, every criminal justice professional should possess, and that every student of criminology and penology will find invaluable.
Justice In Transition
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Author : Anna Eriksson
language : en
Publisher: Routledge
Release Date : 2013-05-13
Justice In Transition written by Anna Eriksson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-13 with Social Science categories.
This book provides a unique account of the high-profile community-based restorative justice projects in the Republican and Loyalist communities that have emerged with the ending of the conflict in Northern Ireland. Unprecedented new partnerships between Republican communities and the Police Service of Northern Ireland have developed, and former IRA and UVF combatants and political ex prisoners have been amongst those involved. Community restorative justice projects have been central to these groundbreaking changes, acting as both facilitator and transformer. Based on an extensive range of interviews with key players in this process, many of them former combatants, and unique access to the different community projects this books tells a fascinating story. At the same time this book explores the wider implications for restorative justice internationally, highlighting the important lessons for partnerships between police and community in other jurisdictions, particularly in the high-crime alienated neighbourhoods which exist in most western societies, as well as transitional ones. It also offers a critical analysis of the roles of both community and state and the tensions around the ownership of justice, and a critical, unromanticized assessment of the role of restorative justice in the community.
Beyond Transitional Justice
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Author : Matthew Evans
language : en
Publisher: Routledge
Release Date : 2022
Beyond Transitional Justice written by Matthew Evans and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Law categories.
"Beyond Transitional Justice reflects upon the state of the field (or non-field) of transitional justice in the current conjuncture, as well as identifying new possibilities and challenges in the fields with which transitional justice overlaps (such as human rights, peacebuilding and development). Chapters intervene at the cutting edge of contemporary transitional justice research, addressing key theoretical and empirical questions, and covering critical, international, interdisciplinary, theoretical and practice-oriented content. In particular, the notion of transformative justice is discussed in light of the emerging scholarship defining and applying this concept as either an approach within or an alternative to transitional justice. The book considers the extent to which transformative justice as a concept adds value to scholarship on transitional justice and related areas and asks what the future might hold for this area as a field - or non-field. A timely intervention, Beyond Transitional Justice is ideal reading for scholars and students of in the fields of human rights, peace and conflict studies, international law, critical legal theory, development studies, criminology, and victimology"--
Repositioning Restorative Justice
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Author : Lode Walgrave
language : en
Publisher: Routledge
Release Date : 2012-12-06
Repositioning Restorative Justice written by Lode Walgrave and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Social Science categories.
Restorative justice has become an increasingly important element in reform and change to criminal justice systems throughout the western world, and there are many reasons for satisfaction with the progress that has been made --from the point of view of victims, offenders, the level and incidence of reoffending, and in terms of public opinion. At the same time there has been cause for concern, not least to do with the confusion on aims that has accompanied the rapid spread of restorative justice practices, an over-estimate of its possibilities, a blurring of concepts and a lack of attention to legal rights and processes. This book, based on papers presented at the 5th international conference held at Leuven, Belgium in 2002, aims to provide an overview of recent experience of restorative justice in the light of these concerns. The central theme is the positioning, or repositioning, of restorative justice in contexts where it can offer hope to communities both fearful of crime and looking for more socially constructive responses to crime. At the same time restorative justice practitioners seek definition in relation to the kinds of crime it is appropriate to apply restorative justice to, how it relates to different forms of punishment, to rehabilitation, and how it fits in with criminal justice systems and the law of different countries --how to reconcile the informal, participatory philosophy of restorative justice with formal legal processes and the need for legal safeguards.