Integrating criminal justice and restorative justice

Walgrave, Lode

doi:10.4324/9781843926191.ch26

Cited by 18 publications

(25 citation statements)

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“…While there is debate over what roles states should play in RJ, it is an almost general consensus that state involvement in RJ is necessary, at least in the background (Walgrave, 2007).…”

Section: Necessity Of Institutionalization For the Growth Of Rjmentioning

confidence: 99%

Co-option, coercion and compromise: challenges of restorative justice in Victoria, Australia

Suzuki

Wood

2017

Contemporary Justice Review

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Restorative justice (RJ) encompasses a widely diverging set of practices whereby those most affected by crime are encouraged to meet, to discuss the effects of harms caused by one party to another, and to agree upon the best possible redress of harms when appropriate. In its inception in the late 1970s, RJ was conceptualized and developed as an alternative to formal criminal justice practices. Since this time, however, RJ has largely moved from being an alternative to criminal justice practices to an 'alternative' practice within criminal justice systems. This institutionalization has resulted in the significant growth of RJ practices, but has also resulted in RJ being used for criminal justice system goals that are at odds with the needs of victims or offenders. This paper examines the use of the Youth Justice GroupConferencing Program in Victoria, Australia. Drawing from interviews with conference conveners, our research highlights problems related to administrative 'constraints' and 'cooptions' in conferencing in terms of referrals, preparation of conference participants, and victim participation. Following presentation of findings, we conclude with a discussion of implications for the use of RJ within a highly institutionalized setting.

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“…While there is debate over what roles states should play in RJ, it is an almost general consensus that state involvement in RJ is necessary, at least in the background (Walgrave, 2007).…”

Section: Necessity Of Institutionalization For the Growth Of Rjmentioning

confidence: 99%

Co-option, coercion and compromise: challenges of restorative justice in Victoria, Australia

Suzuki

Wood

2017

Contemporary Justice Review

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“…As a result, there remains little consensus, both among practitioners and scholars, as to its exact meaning. Different opinions have emerged as to (amongst other things): whether RJ should focus on victim restoration or offender reformation (Robinson and Shapland 2008), whether it is envisaged as an entirely new system of justice or one that operates within the existing framework (Walgrave 2007) and whether the state should play any significant role in its administration or whether practices should be facilitated outside of the justice system (Jantzi 2004). Notwithstanding these tensions, there have been significant developments in our understanding of RJ (see Hoyle 2010: vols I-IV) as well as an expanding evidence base on its capacity to repair harms and reduce crime (see e.g.…”

Section: Introductionmentioning

confidence: 99%

‘I Thought “He’s a Monster”… [But] He Was Just… Normal’

Walters¹

2015

CRIMIN

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This article examines the therapeutic benefits that restorative justice can engender for stakeholders of homicide. Qualitative interviews with participants from a single case study are used to reveal the various long-term emotional traumas caused by such crimes, as well as the many unanswered questions that remain post-conviction. In exploring one family's journey of restorative justice, this article highlights the various aspects of restorative dialogue that can gave rise to positive emotional connections and, in turn, relational transformations between participants. Though such transformations are potentially life altering, this article also recommends caution, based on findings that certain adverse emotional reactions can be generated via the personal connections that emerge during dialogue. The article concludes that in order to properly address the wider harms caused by homicide, justice agencies should seek to utilize trauma-informed restorative practices via a parallel system of justice.

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“…There are, however restorative justice advocates who do recognize the importance of the public dimension of crime. 84 The judgments accord with a just deserts approach which places upper limits on punishment, but also retains lower limits. In Nunn, for example, the appeal court pointed out that although "in mercy" to the victim"s family members they would reduce the sentence as far as they could, they remained firm that their public duty required them to impose "appropriate sentences" for those who cause death by drunk driving.…”

Section: Does the Approach In England And Wales Case Law Accord With mentioning

confidence: 97%

Victims' Mitigating Views in Sentencing Decisions: A Comparative Analysis

Merwe¹,

Skelton²

2014

Oxford Journal of Legal Studies

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This article explores the arguments for and against victims" mitigating opinions on sentence. It describes a recent South African appeal case, compares it with a similar New Zealand appeal court judgment, and then investigates the legal position in England and Wales. It appears that, as a general rule, victims" recommendations as to penalty must be avoided.However, unlike in South Africa and New Zealand, the jurisprudence in England and Wales has developed exceptions in this regard when certain categories of victims request a more lenient sentence. Several case studies from England and Wales reveal that, through considering the harms and needs of victims and ameliorating the sentences accordingly, a restorative justice approach is blended with a just deserts requirement for the protection of lower limits in sentencing. This ensures that the principles of proportionality, certainty and consistency are still adhered to. It is concluded that, had the South African court taken proper cognisance of these comparative legal developments, it would, at very least, have created a better precedent by providing guidelines to inform the complex, but important, process of considering victims mitigating opinions in the sentencing process.

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Integrating criminal justice and restorative justice

Cited by 18 publications

References 0 publications

Co-option, coercion and compromise: challenges of restorative justice in Victoria, Australia

Co-option, coercion and compromise: challenges of restorative justice in Victoria, Australia

‘I Thought “He’s a Monster”… [But] He Was Just… Normal’

Victims' Mitigating Views in Sentencing Decisions: A Comparative Analysis

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