Ten Years On, the ‘Three Circle’ Model of Restorative & Transformative Justice: A Tool to Combat Victimization and Recidivism (original) (raw)
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From Punishment to Healing: The Transformative Power of Restorative Justice
SASI, 2023
Introduction: Conventional criminal justice systems are often dominated by punitive approaches, which focus more on punishing offenders as a form of revenge and their separation from society. However, this approach has drawbacks in achieving broader goals, such as victim recovery, reducing recidivism rates, and building safer communities. Purposes of the Research: This study discusses the power of restorative justice transformation in changing the paradigm from punishment to healing. Restorative justice offers an alternative approach to responsibility, reconciliation, and healing. Methods of the Research: Literature research methods are used to understand restorative justice, including its concepts, practices, impacts, challenges, and benefits. Literature Data is systematically identified, collated, and analyzed. Results of the Research: Restorative justice is a powerful approach to changing judicial paradigms, with its principles emphasizing reconciliation, responsibility, and participation. The impact of restorative justice on perpetrators includes behavior change and responsibility, while on victims, it includes recovery and reconciliation. Implementing restorative justice requires collaboration, adequate resources, and active participation from stakeholders. Restorative justice has the potential to create a more humane, equitable, and sustainable justice system, as well as bring recovery and reconciliation to individuals and communities affected by crime.
the fundamentals of restorative justice
RESTORATIVE JUSTICE is conceived of in this essay as a process in which all the stakeholders affected by an injustice have the opportunity to discuss the consequences of the injustice and what might be done to put them right. This is a process conception of restorative justice by which what is to be restored is left open. Rather, the form of restoration of victims, of offenders and of communities that count are those found to be important in such a restorative justice process. Beyond the process conception, there is also a values conception of restorative justice. The key value is that because injustice hurts, justice should heal. Responding to pain with 'another spoonful of pain' 1 is seen as a less satisfactory response than responding with healing or repair. A reason is that hurt tends to beget hurt, creating a vicious spiral of retribution and feuding. Alternatively, it is possible to flip this dynamic into one of healing begetting healing — a virtuous circle. I have argued that the key value of restorative justice is non-domination. 2 The active part of this value is empowerment. Empowerment means preventing the state from 'stealing conflicts' 3 from people who want to hang on to those conflicts and learn from working them through in their own way. Empowerment should trump other restorative justice values like forgiveness, healing and apology, important as they are. This means that if stakeholders in
In Pursuit of Paradigm: A Theory of Restorative Justice
2003
Restorative justice is a new way of looking at criminal justice that focuses on repairing the harm done to people and relationships rather than on pun-ishing offenders. Originating in the 1970s as mediation between victims and offenders, in the 1990s restorative justice broadened to include communities of care as well, with victims ’ and offenders’ families and friends participating in col-laborative processes called “conferences” and “circles. ” This new focus on healing and the related empowerment of those affected by a crime seems to have great potential for enhancing social cohesion in our increasingly disconnected societ-ies. Restorative justice and its emerging practices constitute a promising new area of study for social science. In this paper, we propose a conceptual theory of restorative justice so that social scientists may test these theoretical con-cepts and their validity in explaining and predicting the effects of restorative justice practices. The foundational postula...
Internet Journal of Restorative Justice, 2018
The editor of The Internet Journal of Restorative Justice, Professor Theo Gavrielides, is pleased to announce the publication of a Special Issue in 2018 of the Internet Journal of Restorative Justice on “Restorative Justice and Complex Cases”. Despite lack of formal national and international strategies for the use of restorative justice in many jurisdictions worldwide, we have witnessed a global push for further integration of restorative practices with complex crimes. For example, remarkably, the Province of Nova Scotia in Canada has developed a restorative justice programme for adults and young offenders and advocated for the use of the process in the context of serious crimes when appropriate. In Australia, the ACT’s restorative justice programme has been extended to provide support for victims of family violence and sexual assault. The readiness and suitability of restorative justice in cases of complex and serious crimes remain largely unexplored and in-depth research is required. The identification and involvement of stakeholders is imperative. Particularly, research on the identification and involvement of stakeholders; the entitlement of stakeholders of complex and serious offences; the stage of the criminal justice system at which restorative justice processes and how sentences are distributed; the conditions at which restorative justice would be advantageous to all parties; and clarity on the consistent application of theoretical frameworks of restorative justice, among other issues, are key for further integration of restorative justice for complex and serious crimes.
Restorative Justice: A New Paradigm for Criminal Justice Policy
Victoria University of Wellington Law Review, 2003
In this article, Donald Schmid reviews trends towards restorative justice across several common law jurisdictions, most notably New Zealand and the United States. He examines different models of restorative justice and concludes that, while none of these practices will completely eliminate the need for other, court-based criminal justice processes, they have a large number of practical and social advantages over more traditional approaches.
An overview of restorative justice around the world
Restorative justice has become a global phenomenon in criminal justice systems. Resonating with, and in some cases drawing from, indigenous conceptions of justice, it offers both an alternative understanding of crime and new ways of responding to it. Restorative processes include victim-offender mediation, conferencing and circles; restorative outcomes include apology, amends to the victim and amends to the community. Restorative interventions are being used by police, prosecutors, judges, prison officials and probation and parole authorities. Restorative interventions have developed somewhat differently from region to region, but in many cases, countries have found it useful to adopt appropriate legislation. Human rights and other objections or critiques of restorative justice have been raised. Due in part to this, the UN has endorsed the Declaration of Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters. An overview of restorative justice around the world 1 We brought the needle to sew the torn social fabric, not the knife to cut it.