Restorative Justice: Theory, Processes, and Application in Rural Alaska

An exploration of the principles behind using restorative justice as an alternate form of sentencing in criminal cases, with a focus particularly on how restorative justice might be of benefit in rural Alaska. Includes a bibliography. A sidebar, "Restorative Justice Programs and Sentencing", looks at amendments to Alaska Rules of Criminal Procedure 11(i) and Delinquency Rules 21(d)(3) and 23(f) which describe the requirements for referral to a restorative justice program as part of the sentencing process.[Introduction] / Restorative Justice / Restorative Processes / Victim-Offender Mediation / Conferencing / Circles / Restorative Processes in Rural Alaska / Conclusion / SIDEBARS / Restorative Justice Programs and Sentencing / Change to Alaska Criminal Rule 11 / Restorative Justice ReferencesYe

PENERAPAN RESTORATIVE JUSTICE DALAM KASUS TINDAK PIDANA KECELAKAAN LALU LINTAS (STUDI KASUS NOMOR: 286/PID.SUS/2023/PN.GSK)

The investigation entitled Application of Restorative Justice in Traffic Accident Criminal Cases (Case Study Number 286/Pid.Sus/2023/PN GSK) aims to explain how restorative justice is applied in traffic accident criminal cases from the perspective of the Legal Advisor for the victim witness, Dr. Jihan Arabikum. The search was carried out using data obtained through field studies and interviews regarding traffic accident crimes in the jurisdiction of the Gresik Resort Police and the Gresik District Court. The application of restorative justice in cases of criminal traffic accidents should ideally be resolved by agreement between the parties so that there is no prolonged conflict. However, in the field there are often obstacles in resolving the implementation of restorative justice in cases of criminal traffic accidents between victim witnesses and perpetrators. Where the perpetrator experiences problems in bearing losses from the traffic accident case and this results in the case having to end up in court so that restorative justice cannot be carried out as it should. If the obstacles in implementing restorative justice can be minimized, then restorative justice is the best solution in traffic accident cases. Where the victim and perpetrator get a solution so that the victim gets compensation for the incident and the perpetrator does not have to face a judge's verdict. The results of this investigation were made to provide advice to the Police to prioritize the implementation of restorative justice rather than litigation resolution and the government as a law maker is expected to make a law to prioritize more detailed restorative justice resolution

Oral language competence and restorative justice processes: refining preparation and the measurement of conference outcomes

Restorative justice conferencing for young offenders is a legislated response to youth offending, which has been in place in all Australian states and territories for nearly two decades. Restorative justice conferences are meetings between young offenders, their victims and supporters to discuss the offence, its impact and what the young person can do to repair harms caused by the offending behaviour. There is now a substantial body of research that has examined the impact restorative justice processes have on participants (eg how young offenders and victims judge the process). Results are largely positive, showing that participants view restorative justice processes as fair and they are satisfied with outcomes. Given the highly conversational nature of restorative justice conferencing processes however, this paper reviews research on oral language competence and youth offending. It raises questions about the need to refine preparatory work with young offenders and victims, to better understand young offenders’ capacities to effectively communicate in conference processes. It suggests that improved preparation (where language impairments in young offenders are identified and addressed) will lead to better outcomes for young offenders and victims

Wild dreams and realistic visions: what restorative justice could look like in the next decade

In an ideal world, restorative justice could be the "main system" for dealing with crime and the harm it causes, with traditional court systems operating "as backup", one of the world\u27s leading scholars of restorative justice has argued. In a lecture to the Institute for Governance and Policy Studies, Howard Zehr of the US’s Eastern Mennonite University said restorative justice in its fullest form offered the chance to create "a new physics of how we live together". He defined restorative justice as " a value-based , relational approach to problems, conflicts and harms that focuses on needs and responsibilities and puts a premium on dialogue among stakeholders". It was already used in practices such as victim-offender dialogue and family group conferencing, which allowed different parties to come together to talk about the impact of crime, share stories, learn from the oth er people and discuss restitution. The traditional justice system , Zehr said, asked questions such as: what rule has been broken, who did it, and what do they deserve? In contrast, restorative justice was based on key concepts such as harm, which created certain needs, especially for victims; this in turn led to obligations, which had to be resolved through engagement. Setting out his "ideal" world, Zehr described a justice system "pyramid", with restorative justice making up the broad base of the system, deterrence a smaller second section and "incapacitation" (including prison) a very small apex. &nbsp

Doing Justice: New Directions in Restorative Justice”

When I was invited to contribute to the discussion of this year’s theme “Doing Justice: Dispute Resolution in Courts and Beyond” by considering new directions in restorative justice, I began to take stock of where restorative justice has been and where it is going. My thoughts are occupied with the future directions of restorative justice often these days in my capacity as Director of the Nova Scotia Restorative Justice Community University Research Alliance (NSRJ-CURA).1 The NSRJCURA is a five year research initiative that is concerned with issues of theory and practice that emerge as restorative justice moves from its nascent stages toward greater permanency as institutionalized models of justice. The Nova Scotia Restorative Justice Program is a focal point for this research.2 As the most developed and comprehensive restorative justice program in Canada and a world leader, the Nova Scotia Program provides a unique opportunity to explore the new practical and theoretical questions that emerge with the institutionalization of restorative justice. This research will offer visions of, and support for, new directions in restorative justice both at the conceptual and practical levels. There are currently 17 research projects underway within the NSRJ-CURA addressing issues including: the reception and integration of restorative justice within the criminal justice system; equity and diversity issues in restorative justice; the appropriate means and mode of measuring success; the challenge of restorative justice to the compartmentalization of government funding and services; community empowerment/capacity building as a goal of restorative justice; rights protection in restorative justice; and the application of restorative justice to gender-based violence

Restorative justice : aspirations of proponents and experiences of participants in family group conferences

Proponents of restorative justice aspire to create a radical alternative to the 'traditional' way of thinking about - and responding to - crime. This thesis will examine many of the key aspirations of restorative justice advocates. It will do so on the basis of critical analysis of restorative justice literature and the evidence collected in the course of an empirical study, which involved interviews with participants in family group conferences. The thesis will ask:- How realistic are the aspirations of restorative justice campaigners?- What happens when restorative justice ideals are pursued in practice?- Can restorative justice, as practised within one restorative justice project, claim the mantle of a victim-centred, lay-oriented, empowering, voluntary justice and present a true alternative to the existing paradigms of justice?- What insights can lay participants in restorative justice interventions bring into the debate about restorative justice?- Are there problems, tensions and dangers - highlighted by this empirical study - inherent in the current development of restorative justice?This thesis will demonstrate the existence of a significant gap between aspirations of proponents and practical realities of restorative justice. It will suggest that this gap is unlikely to be minimised, unless restorative justice advocates radically re-consider and alter the direction in which restorative justice is presently evolving. Some suggestions will be made indicating what could be done to minimise the gap.This thesis will critically analyse some important debates among restorative justice advocates. A particular focus will be on the debate concerning the relationship between restorative justice and the criminal justice system. The implications of the reliance of restorative justice on the state justice system will be examined in the light of empirical data, and it will be argued that the dependence of restorative justice on the criminal justice system is very problematic and needs to be avoided. It will be suggested that some of the present debates concerning the relationship between restorative justice and the state justice system need to be re-focused and new ones need to be opened.In the light of empirical findings and on the basis of theoretical arguments, the thesis will criticise the tendency of certain restorative justice advocates to pre-define the objectives of restorative justice, in particular, make restorative justice operate in the name of reparation of harm. Dangers inherent in restricting the focus and goals of restorative justice will be examined.Through empirical analysis and theoretical reflections, the thesis will identify some other serious dangers and problems inherent in the current development of restorative justice. One major danger is that at present restorative justice may serve to individualise, neutralise and quickly and effectively expunge from the society conflicts with social-structural roots, and thereby prevent a possibility of challenges to social inequalities and injustices. Another major danger is that restorative justice employs its techniques of power to enable the state to govern its subjects at a distance, in a masked fashion, and, consequently, to minimise resistance to the state power and maximise regulatory efficiency. This thesis will suggest radically changing the direction in which restorative justice is developing, which might help avoid some of the present dangers

Restorative Practices in Buffalo: Building and Rebuilding Community

Restorative practices/restorative justice (RP or RJ) is an alternative approach to our current punitive system of addressing conflict and crime. It is an age-old practice with origins in many indigenous cultures and has become increasingly popular in schools, communities and court systems in recent years. Here in Buffalo, individuals began advocating for restorative justice nearly two decades ago. Since then, many organizations, community groups, and schools have been using the practice to resolve disputes and build relationships

A KANTIAN ELABORATION OF BRAITHWAITE'S RESTORATIVE JUSTICE: DISPELLING ILLUSIONS

Dissatisfaction with the criminal law system has resulted in a call for alternative responses to issues relating to crime and injustice. Restorative justice programs are one of these alternative responses. Restorative justice is a process in which the victim, offender, and any other party affected by crime partake actively in resolving matters arising from the crime, often with the help of a facilitator. This research work seeks to defend the use of restorative justice programs by defending Braithwaite's version of restorative justice over Christie's more radical version, explaining how restorative justice is opposed to 'retributivism', and by providing a Kantian elaboration on Braithwaite's notions of dignity and freedom. The thesis argues that only by applying a Kantian notion of freedom and dignity to Braithwaite's account of restorative justice can restorative justice adequately defend itself against the criticisms made by people like Acorn and Geeraets. Only with a Kantian modification can restorative justice show how the decisions reached in a restorative justice process are not based on mere emotion or emotional coercion, but the rational deliberation and free choice of individual participants

AN EXPLORATION OF THE IMPLEMENTATION OF RESTORATIVE JUSTICE IN AN ONTARIO PUBLIC SCHOOL

This qualitative case study explores the implementation of restorative justice within one Ontario Public School. Restorative justice is a philosophy and a process for dealing with harmful behaviour, viewing such behaviour as a violation of relationships, not rules. My research seeks to present how restorative justice has been implemented in one school, reaching beyond an examination of the effectiveness of restorative justice to an exploration of how teachers and administrators think and feel about, and actually employ, restorative justice practices. My findings suggest that while there is a personal commitment to the practice of restorative justice on the part of both teachers and administrators, if necessary structures and cultural systems are not in place, then it is difficult to sustain the restorative justice program. This study identifies factors needed to sustain a transformative reform such as restorative justice