Assessing Alternative Forms of Localised Justice in Post-Conflict Societies – Youth Justice in Northern Ireland and South Africa (original) (raw)
Related papers
Criminal justice reform plays a pivotal role in helping to foster reconciliation and peace-building in post-conflict societies. In the wake of their respective political transitions,both Northern Ireland and South Africa have formulated proposals for reform of their youth justice systems based upon restorative principles. This article analyses the attempts to roll out these reforms in both jurisdictions, it considers why new youth justice arrangements have largely been well received in Northern Ireland, yet have struggled to be implemented successfully in South Africa and reflects on possible lessons to be learnt in the context of post-conflict transformations.
Northern Ireland Lagal Quarterly, 2012
Criminal justice reform plays a pivotal role in helping to foster reconciliation and peace-building in post-conflict societies. In the wake of their respective political transitions, both Northern Ireland and South Africa have formulated proposals for reform of their youth justice systems based upon restorative principles. This article analyses the attempts to roll out these reforms in both jurisdictions. It considers why new youth justice arrangements have largely been well received in Northern Ireland, yet have struggled to be implemented successfully in South Africa and reflects on possible lessons to be learnt in the context of post-conflict transformations.
International Handbook of Juvenile Justice, 2006
Though Northern Ireland is a relatively small jurisdiction within Ireland and the United Kingdom, it has its own unique system of youth justice which very recently has undergone significant transformation. A restorative justice approach to deal with young offenders and victims has been mainstreamed through a process called “youth conferencing.” This new approach offers valuable insights in terms of youth justice policy and practice to the international forum and in this chapter we explore some of its potentials and limitations.
Restorative Justice and Youth Justice: Bringing Theory and Practice Closer Together in Europe
Reforming Juvenile Justice, Springer Publications, 2009
Restorative justice can be viewed as a victim-centred approach which conceptualises criminal behaviour in a very different manner from which it has been traditionally conceived within orthodox models of criminal justice. In recent years, it has come to exert an increasingly strong influence over juvenile justice systems as policymakers have become increasingly concerned about the capacity of the traditional criminal justice system to deliver participatory processes and fair outcomes that are capable of benefiting victims, offenders and society at large.
Transitional Justice and Restorative Justice
International Criminal Law Review (12), 2012
Restorative Justice and Transitional Justice are two distinct, through closely over-lapping, concepts which have been catapulted to the forefront of legal and criminological discourse over the course of the past two decades. Their growth has been nothing short of prolific: in both theoretical and practical terms. The conceptual overlap between restorative justice and transitional justice has been widely observed. Both discourses espouse similar values such as truth, accountability, reparation, reconciliation, conflict resolution and democratic participation. Both also offer a critique of overly retributive and adversarial justice structures, which have failed to involve communities, victims, and indeed perpetrators themselves, in orthodox processes. It has also been suggested that restorative justice can act as a catalyst for transitional justice through the creation of new community bonds and strengthening existing ones. It may also be used to reinforce the participatory potential of transitional justice mechanisms by including actors who have traditionally felt alienated from established legal processes and institutions. Indeed, Cordella has argued that a communicative conception of law ‘is a dyadic process that facilitates dialogue between community and transgressor’, which should allow communities to acknowledge their differences and identify transgressions as disputes among members. While restorative mechanisms are not the only means of facilitating such communication, it is undoubtedly the case that, in sharp contrast to conventional criminal justice processes, they maximise the potential for meaningful dialogue between victims, off enders and the community. Moreover, through opening this new space for communication, it is conceivable that restorative justice models may act as a social catalyst for broader inter-communal reconciliation.
Laws
Since the establishment of Youth Offending Teams (YOTs) in England and Wales in 1999, all victims of youth crime, must, in accordance with national instruments, be consulted by YOTs as to their wishes and provided with the opportunity to get involved in a restorative justice (RJ) initiative. RJ should be the underlying principle for all youth justice disposals and victims must be invited to be part of the process. If, as evidenced and consistently outlined in guidance, policy and research, the fundamental principle of inclusivity and victim participation are imperative to RJ, then to what extent are YOTs in England and Wales ‘fully’ restorative? Drawing upon the findings of a larger empirical study, this article specifically examines the use of RJ in seven YOTs in England and Wales to demonstrate that RJ has not been fully integrated into practice nor widely embedded into YOT culture. Victims of youth crime, continue to be systematically excluded from RJ. This paper outlines the dis...