Criminal justice, restorative justice, sexual violence and the rule of law

Keenan, Marie

doi:10.4324/9781315630595-4

Cited by 6 publications

(26 citation statements)

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“…These principles, practices and norms differ notably from those of the Western criminal justice system. As will be discussed further, common principles of the conventional criminal justice system can be described through due process, including the presumption of innocence, the right to a fair trial, the right against self-incrimination, and the right to legal representation (Keenan, 2017). Such principles are expressed through accepted practices, like argument in front of a judge or jury, and further enforced through norms.…”

Section: Definition and Scopementioning

confidence: 99%

“…Victim advocacy services, for instance, aim to provide a "better route" for a victim to navigate through the criminal procedure. However, strictly speaking, criminal procedure is still designed to address guilt and punishment of the offender (Keenan, 2017). Victim advocacy services are, therefore, unlikely to significantly alter the nature of criminal procedure.…”

Section: Principlesmentioning

confidence: 99%

Section: Complexity Of the Problemmentioning

confidence: 99%

“…Under-reporting is not unique to New Zealand and is characteristic of sexual violence cases universally (Keenan, 2017). This is attributed to specific features and impacts of sexual violence that distinguish it from other types of harm and violence that are reported (Daly, 2014;NZLC, 2015;Keenan, 2017). Researchers find that sexual violence typically occurs in private and offenders generally know their victims or have an 36 Research on the prevalence of sexual violence frequently highlights the challenge to acquiring a singular statistic.…”

Section: Complexity Of the Problemmentioning

confidence: 99%

“…Traditional adversarial criminal procedure is notoriously dissatisfying and can be harmful for victims of sexual violence in particular (Herman, 2005;McDonald & Tinsley, 2011a). On the other hand, evaluations of restorative justice for sexual harm show favorable levels of victim satisfaction, and many researchers conclude that, with proper safeguards in place, restorative justice could aid in meeting the justice needs of victims of sexual violence and holding offenders to account (Daly, 2014;Jülich & Thorburn, 2017;Keenan, 2017;United Nations Office on Drugs and Crime, 2020). While there are consistent calls for providing alternative pathways to justice, victims' advocates, feminist scholars and some restorative researchers have been skeptical of restorative justice as an alternative means.…”

Section: Introduction: the Paradox Of Restorative Justice In New Zealandmentioning

confidence: 99%

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Institutionalizing Restorative Justice in New Zealand's Criminal Justice System: Gains, Losses and Challenges for the Future

Shank¹

2021

Preprint

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Restorative justice has played a paradoxical role in the New Zealand criminal justice system. One the one hand, over the past thirty years restorative justice has steadily gained public recognition and received institutional support through judicial endorsements and legislative provisions. In many respects New Zealand has been at the global forefront of incorporating restorative justice processes into the criminal justice system. This, in the hope that restorative justice might improve justice outcomes for victims, offenders and society at large. Yet despite such institutional support for restorative justice, the outcomes of the mainstream justice system have not substantially improved. Ironically, many of the same statutory provisions that enabled restorative justice included punitive provisions that served to tighten the reins of the carceral state. The New Zealand prison population is currently one of the highest in the Organization of Economic Co-operation and Development (OECD), the downstream consequences of which have been devastating for those impacted, and particularly for Māori. Openly acknowledging that the existing justice system is “broken,” the government launched a criminal justice reform program in 2018 to consider a range of options that might contribute to fundamental change. Initial feedback elicited as part of the process calls for a more holistic and transformative approach to criminal justice. Notably this is what restorative justice, at its best, claims to deliver. However, the New Zealand criminal justice system appears to lack such transformative aims and the role of restorative justice in driving institutional change in the future remains to be seen. This thesis examines the institutional paradox of restorative justice in New Zealand. It explores how and why restorative justice originally became an established part of the criminal justice system and what impact it has had on the system of which it has become a part. Drawing on institutional theory, it assesses how far restorative justice institutionalization has progressed, the factors that have facilitated it and the barriers that have impeded it. Finally, it identifies ways in which restorative justice, when institutionalized through principles, policy, law and practice, can make a more lasting impact for those whom the justice system is intended to serve. Within restorative justice literature, both those who commend institutionalization and those who oppose it highlight problems caused by “isomorphic incompatibility” between the mainstream adversarial system and restorative justice. This thesis argues that while foundational tensions exist between the two approaches, such tensions are not insurmountable. Simplifications or exaggerations of incompatibility overlook important similarities and confluences between the two approaches. Confronting such institutional “myths” is necessary if isomorphic combability is to occur. These claims are illustrated through an examination of sexual violence. The pressing problem of responding well to sexual violence illustrates how isomorphic alignment, through careful integration of restorative principles and practices into the criminal justice system, can enable the state to fulfil its responsibilities of ensuring societal safety and protecting the rule of law in ways that better meet victims’ distinct justice needs and the best interests of all stakeholders.

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Section: Definition and Scopementioning

confidence: 99%

Section: Principlesmentioning

confidence: 99%

Section: Complexity Of the Problemmentioning

confidence: 99%

Section: Complexity Of the Problemmentioning

confidence: 99%

Section: Introduction: the Paradox Of Restorative Justice In New Zealandmentioning

confidence: 99%

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Institutionalizing Restorative Justice in New Zealand's Criminal Justice System: Gains, Losses and Challenges for the Future

Shank¹

2021

Preprint

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The Good Lives Model and restorative justice: combined potential in cases of sexual violence

Keenan

Ward

Zinsstag

2022

Journal of Sexual Aggression

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This article explores the combined potential of the Good Lives Model (GLM) and restorative justice as complementary approaches to justice, healing and social integration for sexual crime victims and offenders. When the synergies in both perspectives are combined, they have the potential to enhance the lives of victims, offenders and their respective communities. The two different practice approaches can be integrated within the practice framework model developed by Ward and Durrant (2021). We also suggest that aspects of the GLM could be explored as a potential framework to guide victim services too. The GLM and restorative justice are natural allies because of their shared commitment to the equal value and dignity of every individual involved in crime. The paper makes two important contributions. First it considers the potential to combine the GLM with restorative justice. Second it suggests there is potential to develop aspects of the GLM for survivor services.

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Crime, justice and criminology in the Republic of Ireland

Hamilton

2022

European Journal of Criminology

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This country survey examines: the core Irish criminal justice institutions; basic trends in crime and punishment over the last 50 years; and critical junctures in the debate over law and order in recent decades. Using an earlier country survey by O’Donnell (2005a ) as a baseline, it charts the significant growth of the discipline of criminology within Ireland. The article argues that Irish criminal justice retains a distinctively local flavour and highlights the promise of Irish criminology in many key areas of contemporary interest

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Criminal justice, restorative justice, sexual violence and the rule of law

Cited by 6 publications

References 0 publications

Institutionalizing Restorative Justice in New Zealand's Criminal Justice System: Gains, Losses and Challenges for the Future

Institutionalizing Restorative Justice in New Zealand's Criminal Justice System: Gains, Losses and Challenges for the Future

The Good Lives Model and restorative justice: combined potential in cases of sexual violence

Crime, justice and criminology in the Republic of Ireland

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