Restorative justice compared to what?

Acorn, Annalise

doi:10.4324/9781315613512-26

Cited by 3 publications

(11 citation statements)

References 1 publication

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“…13 Annalise Acorn explains that the enduring impacts of colonialism are most apparent in how Indigenous people who experienced physical and sexual abuse in the residential school system are at a high risk of becoming abusers themselves. 14 In these schools, Indigenous children learned that adults often exert power and authority through violence and abuse. These lessons were taught in childhood and often managed to stick with survivors into adulthood as they inflict abuse on their own children in an effort to normalize their traumatic experiences.…”

Section: Colonialism and Criminal Justicementioning

confidence: 99%

“…17 These unique needs, experiences, and perspectives that Indigenous people live through have come to be commonly referred to as "Gladue Principles." 18 1990s Criminal Justice Reform…”

Section: Defining Gladuementioning

confidence: 99%

“…25 This interpretation by the Supreme Court necessitates the consideration of not only the Gladue factors of Indigenous offenders but also requires the use of restorative justice and culturally appropriate responses when imposing sentences. 26…”

Section: R V Gladue 1999mentioning

confidence: 99%

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Indigenous Incarceration in Canada

MacCarthy

2023

CJAM

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Canadian sentencing law reform in 1996 and the R. v. Gladue 1999 Supreme Court landmark decision, Canada introduced an internationally unique requirement for Canadian courts in sentencing Indigenous offenders to give special consideration to systemic factors in order to address the historic and ongoing experiences of Indigenous people in the criminal justice system Canada. While these reforms to the criminal justice system were centred around alleviating the egregious level of incarcerated Indigenous people, this analysis will reveal the implementation of Gladue principles has not been the transformative change many have hoped for. This Canadian policy research paper argues that the Canadian government’s Gladue policy has been underfunded and requires a commitment to the complete implementation of Gladue Reports and Gladue Courts to accomplish its objectives of considering the systemic circumstances of Indigenous offenders and providing criminal justice in a culturally appropriate manner.

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Section: Colonialism and Criminal Justicementioning

confidence: 99%

“…17 These unique needs, experiences, and perspectives that Indigenous people live through have come to be commonly referred to as "Gladue Principles." 18 1990s Criminal Justice Reform…”

Section: Defining Gladuementioning

confidence: 99%

See 1 more Smart Citation

Indigenous Incarceration in Canada

MacCarthy

2023

CJAM

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“…That is, relative to the alternatives, whether restorative justice results in more or less intensive outcomes, or is experienced as a more or less intensive process, is dependent on what would have happened otherwise. As Acorn (2018) succinctly asked: restorative justice compared with what?…”

Section: Challenge 1: Minimising Interventionmentioning

confidence: 99%

Challenges in the Future of Restorative Youth Justice in Ireland: Minimising Intervention, Maximising Participation

Marder¹,

Forde²

2022

Youth Justice

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While restorative approaches encompass a small proportion of youth justice practices in Ireland, the new Youth Justice Strategy (2021–2027) aims to include more victims in restorative justice, expand family conferencing and train youth justice professionals in restorative practices. This article discusses the legal, policy and practice contexts of these developments, considering how Ireland has defined, used and researched restorative youth justice to date. It situates the ongoing efforts to meet victims’ and children’s needs, and to change criminal justice cultures, in the international criminological and legal literature on minimum intervention and child participation, analysing the possibilities and challenges facing restorative youth justice in Ireland.

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“…First, a recurring concern in institutionalized restorative justice programs is that people who have been harmed may feel coerced to accept apologies and repress their desires for retribution, while those who have caused harm might feel compelled to offer insincere apologies (Acorn, 2004; Menkel-Meadow, 2007; Suzuki & Wood, 2017). As such, many practitioners argue that community processes can only produce genuine personal or community change if they are truly voluntary—and indeed they are critical of restorative justice processes where unresolved cases return to prosecutors’ offices.…”

Section: Design Considerationsmentioning

confidence: 99%

From Scalability to Subsidiarity in Addressing Online Harm

Hasinoff

Schneider

2022

Social Media + Society

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Large social media platforms are generally designed for scalability—the ambition to increase in size without a fundamental change in form. This means that to address harm among users, they favor automated moderation wherever possible and typically apply a uniform set of rules. This article contrasts scalability with restorative and transformative justice approaches to harm, which are usually context-sensitive, relational, and individualized. We argue that subsidiarity—the principle that local social units should have meaningful autonomy within larger systems—might foster the balance between context and scale that is needed for improving responses to harm.

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Restorative justice compared to what?

Cited by 3 publications

References 1 publication

Indigenous Incarceration in Canada

Indigenous Incarceration in Canada

Challenges in the Future of Restorative Youth Justice in Ireland: Minimising Intervention, Maximising Participation

From Scalability to Subsidiarity in Addressing Online Harm

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