Estelle Zinsstag | Edinburgh Napier University (original) (raw)
Papers by Estelle Zinsstag
Epilogue: Future perspectives on collective violence and international criminal justice
Justice des mineurs et justice restaurative: Une intégration possible et nécessaire
La justice restaurative est ancrée dans des origines multiples, dont les mouvements de soutien au... more La justice restaurative est ancrée dans des origines multiples, dont les mouvements de soutien aux victimes, le communautarisme et la « criminologie critique » ou « criminologie de la réaction sociale ». Pour agir, la justice restaurative compte sur des processus coopératifs entre citoyens et non principalement sur l’intervention coercitive de l’État. Mais comment intégrer ce type de justice à celle des mineurs en France ? C’est à cette question essentielle que répondent ici Lode Walgrave et Estelle Zinsstag
Violence Sexuelle, le Good Lives Model et la Justice restaurative
L'Harmattan eBooks, May 25, 2020
Beaucoup a été écrit sur le problème des violences sexuelles et de l’abus dans la littérature emp... more Beaucoup a été écrit sur le problème des violences sexuelles et de l’abus dans la littérature empirique et populaire soulevant des problèmes tel que le privilège, le pouvoir et le contrôle, le sens du consentement, la position des femmes, le besoin des hommes de prendre position, l’attitude face à la sexualité, et le problème qui survient quand nous continuons avec une inégalité des genres. Une importante littérature académique se concentre sur la psychologie et la motivation de l’auteur d’infraction et sur les traitements d’engagement et d’interventions pour réhabiliter les auteurs d’infraction, prévenir la récidive et rendre les sociétés plus sûres. D’autres littératures se concentrent sur l’impact du crime sexuel sur la victime et élaborent des approches fondées sur des données probantes pour aider les victimes à guérir
Towards a better understanding of justice
Restorative Responses to Sexual Violence, 2017
Conferencing and Restorative Justice: International Practices and Perspectives
1. Conferencing: Setting the scene PART 1: CONFERENCING: BROADENING THE SCOPE OF RESTORATIVE JUST... more 1. Conferencing: Setting the scene PART 1: CONFERENCING: BROADENING THE SCOPE OF RESTORATIVE JUSTICE 2. Conferencing: A developing restorative justice practice 3. The need for clarity about restorative justice conferences 4. Comparing conferencing and mediation: Some evaluation results internationally 5. 'That's how the light gets in': Facilitating restorative conferences 6. Conferencing and victims PART 2: CONFERENCING: INCEPTION, CHALLENGES, AND NEWER DEVELOPMENTS 7. Revolution, decline, and renewal: Restorative youth justice in New Zealand 8. Conferences and gendered violence: Practices, politics, and evidence 9. Decentralization and privatization: The promise and challenges of restorative justice in the United States 10. Conferencing in South America as an exercise of democracy? An exploration of the 'vertical' role of restorative justice PART 3: CONFERENCING: EUROPEAN PERSPECTIVES 11. Conferencing in Northern Ireland: Implementing restorative justice at the ...
Le droit penal, la criminologie et la justice restaurative
Restorative Justice and Sexual Offences
Monatsschrift für Kriminologie und Strafrechtsreform, 2014
The use of Restorative Justice (RJ) for sexual violence has been the subject of on-going debate a... more The use of Restorative Justice (RJ) for sexual violence has been the subject of on-going debate among RJ advocates, victim rights movement and feminist activists, for some time. This article will examine existing theories on RJ with a specific focus on the appropriateness of RJ for sexual violence. Theories surrounding the benefits of RJ in cases of sexual violence will be explored and comparisons will be drawn between the approaches taken by RJ and the traditional criminal justice system to address sexual violence. Concerns about the use of RJ for sexual violence will also be discussed, including concerns about re-victimisation, power imbalances, due process rights of offenders and the relationship between RJ and the criminal justice system. Theoretical considerations of practical challenges such as the establishment of appropriate points of referral to RJ programmes and decisions regarding the types of sexual offences suitable for RJ will be examined in detail. The paper will conclude by offering some reflections as to possible ways forward.
European Journal of Criminology, 2019
The Good Lives Model and restorative justice, although both innovative practices with a number of... more The Good Lives Model and restorative justice, although both innovative practices with a number of common traits, interests and aims, have been developing in parallel or even at odds with each other for a number of years. As a consequence, they have rarely been examined as possibly complementary and of use to each other. In this article we aim to explore these innovative practices individually and to look at how they might work together to address the harm in a positive and constructive way for all stakeholders. We examine the possibilities of how a new approach to criminology, a criminology of trust, could be further developed through their lens and their possible complementarity.
An adventure is taking off. WhyRestorative Justice: An International Journal?
Restorative Justice, 2013
The idea of creating an international journal on restorative justice is not particularly new. In ... more The idea of creating an international journal on restorative justice is not particularly new. In the last ten years, and even before that, ideas were exchanged and plans made on a number of occasions concerning the possibility of such an initiative. Various international restorative justice organisations, practitioners and networks of researchers put forward proposals in this respect. However, the necessary human and financial resources and an appropriate environment to take up such an endeavour were simply lacking. That is, until recently. Today, following extensive consultation with and support from a large group of key international experts, but also with the professional guidance of a well-respected and visionary publisher, we are delighted to launch this journal. It is our belief that the time has come for an international medium offering in-depth, sophisticated and high-quality forms of communication about restorative justice the world over. Restorative justice has developed as a field of innovative ideas, evolving practices and research that is of crucial relevance to the way justice is done and, more broadly, to working towards a more just world. It is obvious indeed that restorative justice is expanding rapidly. Within a few decades it has grown from a little-known idiom to a broad and ever ‘widening river’ (Zehr, 2002: 62) of innovative practices and empirical evaluations, and has become a central issue in theoretical, legal and socio-ethical debates. While its origins can be traced back to seeking ‘alternative’ ways of dealing with minor juvenile delinquency in North America, nowadays restorative justice practices are applied to an increasingly wide range of crimes in all parts of the world. They are no longer limited to petty or non-violent crimes, but extend to cases of serious attacks on the physical and moral integrity of
Sexual violence and restorative practices in Belgium, Ireland and Norway: a thematic analysis of country variations
Restorative Justice, 2016
ABSTRACT The article compares and contrasts the provision of some restorative practices in cases ... more ABSTRACT The article compares and contrasts the provision of some restorative practices in cases of sexual violence in three European countries: Belgium, Ireland and Norway. It begins by briefly outlining efforts to address the ‘justice gap’ experienced by victims of sexual violence within conventional justice systems. The article points to calls for the development of alternative or complementary innovative justice responses to sexual violence. It suggests that restorative justice advocates believe they can deliver a participatory, empowering and flexible form of restorative justice, which can run in tandem with conventional criminal justice processes. However, it is noted that the application of restorative approaches to cases of sexual violence has engendered some controversy. The article points to considerable inter-country divergence in the extent to which restorative justice is accessible to victims of sexual crimes and to the emergence of country-specific patterns in the provision of restorative justice in cases of sexual violence.
The Good Lives Model and restorative justice: combined potential in cases of sexual violence
Journal of Sexual Aggression
Temida, 2018
Sexual violence is a pernicious social phenomenon. The limited effectiveness of traditional justi... more Sexual violence is a pernicious social phenomenon. The limited effectiveness of traditional justice responses has resulted in a search for alternative and innovative responses. This article highlights research and presents findings regarding one such innovative response to sexual violence: restorative justice. While the study adopted a multi-strategy research design to explore the potential of restorative justice in cases of sexual violence this article focuses in particular on one aspect of that design: a webbased survey used to map the global population of programmes engaging in these practices. The article highlights the many challenges inherent in researching emerging social responses and suggests that web-based surveys offer a means of mapping emerging or ?under the radar? practices and harvesting important qualitative as well as quantitative data on sensitive topics. They may be especially valuable when populations are geographically dispersed. However, tailoring survey instru...
Restorative Justice and Sexual Offences
Monatsschrift für Kriminologie und Strafrechtsreform
The use of Restorative Justice (RJ) for sexual violence has been the subject of on-going debate a... more The use of Restorative Justice (RJ) for sexual violence has been the subject of on-going debate among RJ advocates, victim rights movement and feminist activists, for some time. This article will examine existing theories on RJ with a specific focus on the appropriateness of RJ for sexual violence. Theories surrounding the benefits of RJ in cases of sexual violence will be explored and comparisons will be drawn between the approaches taken by RJ and the traditional criminal justice system to address sexual violence. Concerns about the use of RJ for sexual violence will also be discussed, including concerns about re-victimisation, power imbalances, due process rights of offenders and the relationship between RJ and the criminal justice system. Theoretical considerations of practical challenges such as the establishment of appropriate points of referral to RJ programmes and decisions regarding the types of sexual offences suitable for RJ will be examined in detail. The paper will conclude by offering some reflections as to possible ways forward.
Conferencing: setting the scene
Conferencing internationaal: vaker toegepast dan gedacht
Tijdschrift Voor Herstelrecht, 2013
Justice des mineurs et justice restaurative
Les Cahiers Dynamiques, 2014
While there is no clear-cut definition of criminology, for the sake of this editorial it may help... more While there is no clear-cut definition of criminology, for the sake of this editorial it may help to look at the topics presented in Budapest this year under the label 'criminology'. The conference programme covers a wide range of issues, from the individual characteristics of those who have committed crimes or have become victims, through gender violence and disciplinary problems in schools, diverse violations of human rights and international crimes (such as genocide), and international criminal networks, to sentencing procedures, prevention of drug use, the impact of urban development on crime, capitalist globalisation and punitive populism and, indeed, the potential of restorative justice. Almost all scientific, social and normative disciplines are involved, and it is often difficult to indicate precisely the disciplines or specialisations that are implicated. Criminology is gradually developing its own theoretical and methodological approaches. The Budapest conference programme witnesses the wide scope of criminology as a field of scientific research and scientifically guided practice. What is common in the contributions is that they all deal with matters that are directly or indirectly related to the concept of crime and/or criminal justice. Against this background, we think that the emergence of restorative justice in recent decades is beneficial for criminology as a whole. We see at least four reasons for this, which we would like to discuss briefly in this editorial: credibility of the criminal justice system, normalisation of criminal behaviour, normative choices to be made, and the setup of a laboratory for research. Credibility Historically speaking, criminology is rooted in critical reflection on institutional responses to crime. The Enlightenment aimed to liberate citizens from the authoritar
Epilogue: Future perspectives on collective violence and international criminal justice
Justice des mineurs et justice restaurative: Une intégration possible et nécessaire
La justice restaurative est ancrée dans des origines multiples, dont les mouvements de soutien au... more La justice restaurative est ancrée dans des origines multiples, dont les mouvements de soutien aux victimes, le communautarisme et la « criminologie critique » ou « criminologie de la réaction sociale ». Pour agir, la justice restaurative compte sur des processus coopératifs entre citoyens et non principalement sur l’intervention coercitive de l’État. Mais comment intégrer ce type de justice à celle des mineurs en France ? C’est à cette question essentielle que répondent ici Lode Walgrave et Estelle Zinsstag
Violence Sexuelle, le Good Lives Model et la Justice restaurative
L'Harmattan eBooks, May 25, 2020
Beaucoup a été écrit sur le problème des violences sexuelles et de l’abus dans la littérature emp... more Beaucoup a été écrit sur le problème des violences sexuelles et de l’abus dans la littérature empirique et populaire soulevant des problèmes tel que le privilège, le pouvoir et le contrôle, le sens du consentement, la position des femmes, le besoin des hommes de prendre position, l’attitude face à la sexualité, et le problème qui survient quand nous continuons avec une inégalité des genres. Une importante littérature académique se concentre sur la psychologie et la motivation de l’auteur d’infraction et sur les traitements d’engagement et d’interventions pour réhabiliter les auteurs d’infraction, prévenir la récidive et rendre les sociétés plus sûres. D’autres littératures se concentrent sur l’impact du crime sexuel sur la victime et élaborent des approches fondées sur des données probantes pour aider les victimes à guérir
Towards a better understanding of justice
Restorative Responses to Sexual Violence, 2017
Conferencing and Restorative Justice: International Practices and Perspectives
1. Conferencing: Setting the scene PART 1: CONFERENCING: BROADENING THE SCOPE OF RESTORATIVE JUST... more 1. Conferencing: Setting the scene PART 1: CONFERENCING: BROADENING THE SCOPE OF RESTORATIVE JUSTICE 2. Conferencing: A developing restorative justice practice 3. The need for clarity about restorative justice conferences 4. Comparing conferencing and mediation: Some evaluation results internationally 5. 'That's how the light gets in': Facilitating restorative conferences 6. Conferencing and victims PART 2: CONFERENCING: INCEPTION, CHALLENGES, AND NEWER DEVELOPMENTS 7. Revolution, decline, and renewal: Restorative youth justice in New Zealand 8. Conferences and gendered violence: Practices, politics, and evidence 9. Decentralization and privatization: The promise and challenges of restorative justice in the United States 10. Conferencing in South America as an exercise of democracy? An exploration of the 'vertical' role of restorative justice PART 3: CONFERENCING: EUROPEAN PERSPECTIVES 11. Conferencing in Northern Ireland: Implementing restorative justice at the ...
Le droit penal, la criminologie et la justice restaurative
Restorative Justice and Sexual Offences
Monatsschrift für Kriminologie und Strafrechtsreform, 2014
The use of Restorative Justice (RJ) for sexual violence has been the subject of on-going debate a... more The use of Restorative Justice (RJ) for sexual violence has been the subject of on-going debate among RJ advocates, victim rights movement and feminist activists, for some time. This article will examine existing theories on RJ with a specific focus on the appropriateness of RJ for sexual violence. Theories surrounding the benefits of RJ in cases of sexual violence will be explored and comparisons will be drawn between the approaches taken by RJ and the traditional criminal justice system to address sexual violence. Concerns about the use of RJ for sexual violence will also be discussed, including concerns about re-victimisation, power imbalances, due process rights of offenders and the relationship between RJ and the criminal justice system. Theoretical considerations of practical challenges such as the establishment of appropriate points of referral to RJ programmes and decisions regarding the types of sexual offences suitable for RJ will be examined in detail. The paper will conclude by offering some reflections as to possible ways forward.
European Journal of Criminology, 2019
The Good Lives Model and restorative justice, although both innovative practices with a number of... more The Good Lives Model and restorative justice, although both innovative practices with a number of common traits, interests and aims, have been developing in parallel or even at odds with each other for a number of years. As a consequence, they have rarely been examined as possibly complementary and of use to each other. In this article we aim to explore these innovative practices individually and to look at how they might work together to address the harm in a positive and constructive way for all stakeholders. We examine the possibilities of how a new approach to criminology, a criminology of trust, could be further developed through their lens and their possible complementarity.
An adventure is taking off. WhyRestorative Justice: An International Journal?
Restorative Justice, 2013
The idea of creating an international journal on restorative justice is not particularly new. In ... more The idea of creating an international journal on restorative justice is not particularly new. In the last ten years, and even before that, ideas were exchanged and plans made on a number of occasions concerning the possibility of such an initiative. Various international restorative justice organisations, practitioners and networks of researchers put forward proposals in this respect. However, the necessary human and financial resources and an appropriate environment to take up such an endeavour were simply lacking. That is, until recently. Today, following extensive consultation with and support from a large group of key international experts, but also with the professional guidance of a well-respected and visionary publisher, we are delighted to launch this journal. It is our belief that the time has come for an international medium offering in-depth, sophisticated and high-quality forms of communication about restorative justice the world over. Restorative justice has developed as a field of innovative ideas, evolving practices and research that is of crucial relevance to the way justice is done and, more broadly, to working towards a more just world. It is obvious indeed that restorative justice is expanding rapidly. Within a few decades it has grown from a little-known idiom to a broad and ever ‘widening river’ (Zehr, 2002: 62) of innovative practices and empirical evaluations, and has become a central issue in theoretical, legal and socio-ethical debates. While its origins can be traced back to seeking ‘alternative’ ways of dealing with minor juvenile delinquency in North America, nowadays restorative justice practices are applied to an increasingly wide range of crimes in all parts of the world. They are no longer limited to petty or non-violent crimes, but extend to cases of serious attacks on the physical and moral integrity of
Sexual violence and restorative practices in Belgium, Ireland and Norway: a thematic analysis of country variations
Restorative Justice, 2016
ABSTRACT The article compares and contrasts the provision of some restorative practices in cases ... more ABSTRACT The article compares and contrasts the provision of some restorative practices in cases of sexual violence in three European countries: Belgium, Ireland and Norway. It begins by briefly outlining efforts to address the ‘justice gap’ experienced by victims of sexual violence within conventional justice systems. The article points to calls for the development of alternative or complementary innovative justice responses to sexual violence. It suggests that restorative justice advocates believe they can deliver a participatory, empowering and flexible form of restorative justice, which can run in tandem with conventional criminal justice processes. However, it is noted that the application of restorative approaches to cases of sexual violence has engendered some controversy. The article points to considerable inter-country divergence in the extent to which restorative justice is accessible to victims of sexual crimes and to the emergence of country-specific patterns in the provision of restorative justice in cases of sexual violence.
The Good Lives Model and restorative justice: combined potential in cases of sexual violence
Journal of Sexual Aggression
Temida, 2018
Sexual violence is a pernicious social phenomenon. The limited effectiveness of traditional justi... more Sexual violence is a pernicious social phenomenon. The limited effectiveness of traditional justice responses has resulted in a search for alternative and innovative responses. This article highlights research and presents findings regarding one such innovative response to sexual violence: restorative justice. While the study adopted a multi-strategy research design to explore the potential of restorative justice in cases of sexual violence this article focuses in particular on one aspect of that design: a webbased survey used to map the global population of programmes engaging in these practices. The article highlights the many challenges inherent in researching emerging social responses and suggests that web-based surveys offer a means of mapping emerging or ?under the radar? practices and harvesting important qualitative as well as quantitative data on sensitive topics. They may be especially valuable when populations are geographically dispersed. However, tailoring survey instru...
Restorative Justice and Sexual Offences
Monatsschrift für Kriminologie und Strafrechtsreform
The use of Restorative Justice (RJ) for sexual violence has been the subject of on-going debate a... more The use of Restorative Justice (RJ) for sexual violence has been the subject of on-going debate among RJ advocates, victim rights movement and feminist activists, for some time. This article will examine existing theories on RJ with a specific focus on the appropriateness of RJ for sexual violence. Theories surrounding the benefits of RJ in cases of sexual violence will be explored and comparisons will be drawn between the approaches taken by RJ and the traditional criminal justice system to address sexual violence. Concerns about the use of RJ for sexual violence will also be discussed, including concerns about re-victimisation, power imbalances, due process rights of offenders and the relationship between RJ and the criminal justice system. Theoretical considerations of practical challenges such as the establishment of appropriate points of referral to RJ programmes and decisions regarding the types of sexual offences suitable for RJ will be examined in detail. The paper will conclude by offering some reflections as to possible ways forward.
Conferencing: setting the scene
Conferencing internationaal: vaker toegepast dan gedacht
Tijdschrift Voor Herstelrecht, 2013
Justice des mineurs et justice restaurative
Les Cahiers Dynamiques, 2014
While there is no clear-cut definition of criminology, for the sake of this editorial it may help... more While there is no clear-cut definition of criminology, for the sake of this editorial it may help to look at the topics presented in Budapest this year under the label 'criminology'. The conference programme covers a wide range of issues, from the individual characteristics of those who have committed crimes or have become victims, through gender violence and disciplinary problems in schools, diverse violations of human rights and international crimes (such as genocide), and international criminal networks, to sentencing procedures, prevention of drug use, the impact of urban development on crime, capitalist globalisation and punitive populism and, indeed, the potential of restorative justice. Almost all scientific, social and normative disciplines are involved, and it is often difficult to indicate precisely the disciplines or specialisations that are implicated. Criminology is gradually developing its own theoretical and methodological approaches. The Budapest conference programme witnesses the wide scope of criminology as a field of scientific research and scientifically guided practice. What is common in the contributions is that they all deal with matters that are directly or indirectly related to the concept of crime and/or criminal justice. Against this background, we think that the emergence of restorative justice in recent decades is beneficial for criminology as a whole. We see at least four reasons for this, which we would like to discuss briefly in this editorial: credibility of the criminal justice system, normalisation of criminal behaviour, normative choices to be made, and the setup of a laboratory for research. Credibility Historically speaking, criminology is rooted in critical reflection on institutional responses to crime. The Enlightenment aimed to liberate citizens from the authoritar
Sexual violence and restorative justice: addressing the justice gap
Sexual violence and restorative justice: addressing the justice gap, 2022
This book examines the degree to which restorative justice can contribute to a more enhanced just... more This book examines the degree to which restorative justice can contribute to a more enhanced justice response than that currently offered by criminal legal approaches alone, to victims, offenders, and their communities in cases of sexual crime. Concerned by the high attrition rates for sexual crime and the secondary victimisation reported in victim accounts, annual reports from court and prosecutor services, and the empirical literature, the book analyses the extent to which restorative justice can address the justice gap that exists in current justice provision. Building on clinical experience and earlier research on sexual crime the researchers engage with the complex dynamics and traumatic impact of sexual violence as a critical starting point for their research and examine whether restorative justice can be appropriate for this crime too. The book presents extensive new data on restorative justice as applied in sexual violence cases across the globe. It engages with feminist con...
Restorative responses to sexual violence: legal, social and therapeutic dimensions
Restorative Responses to Sexual Violence examines this innovative justice paradigm in more depth ... more Restorative Responses to Sexual Violence examines this innovative justice paradigm in more depth in the particular context of sexual trauma and violence in order to establish the empirical realities of restorative justice approaches in cases of sexual violence, and considers how such approaches could be developed adequately in the future. This book is divided into two parts, each representing a key area of research and practice: theoretical and conceptual frameworks, and justice and therapeutic perspectives.
This international collection brings together leading expert scholars and practitioners to offer both theoretical and practical perspectives on restorative justice and sexual violence. This book will be of interest to researchers in the field of law, criminology, psychology, social science, social work and psychotherapy, as well as practitioners in the fields of criminal justice, restorative justice and sex offender and victim trauma therapies.
Feminist Perspectives on Transitional Justice, May 2013
Conferencing and Restorative Justice: International Practices and Perspectives
Conferencing and Restorative Justice, Nov 2012
The International Journal of Restorative Justice: new horizons for independent research and development
The International Journal of Restorative Justice, 2018