Restorative justice, Navajo Peacemaking and domestic violence

Abstract

I argue that RJ processes may be beneficial for some women who experience domestic violence, but only if those processes meet five criteria: prioritize victim safety over batterer rehabilitation; offer material as well as social supports for victims; work as part of a coordinated community response; engage normative judgments that oppose gendered domination as well as violence; and do not make forgiveness a goal of the process. I review my earlier study of Navajo Peacemaking in light of these criteria. I also explore the significant differences between Peacemaking and other processes that are said to be derived from Indigenous justice models, noting in particular that the process is completely controlled by the Navajo Nation.

Retribution or restoration? Anglo–Australian's views towards domestic violence involving Muslim and Anglo–Australian victims and offenders

“…While many argue that restorative justice principals are particularly suited to domestic violence cases (Hudson, 2002;Braithwaite & Daly, 1994;Koss, 2000;Strang & Braithwaite, 2002), others recommend proceeding with caution (Coker, 2006;Presser & Gaarder, 2000), and some feel these programs do little to reduce re-offending and may actually do more harm than good (Goel, 2005;Hovell, Seid, & Liles, 2006;Roche, 2003). Stubbs (2007) believes that domestic violence cases may require a different kind of restorative justice Á a hybrid model that draws from both conventional criminal justice and restorative methods.…”

‘The conflict is ours’: community involvement in restorative justice

“…More controversial is the use of RJ with particularly complex crimes and vulnerable populations, for which some scholars call for the development of nuanced and well-prepared practices for cautiously selected cases. Controversy exists, for example, regarding the use of RJ in cases of intimate partner and gendered violence (Coker, 2006;Daly & Stubbs, 2006;Nancarrow, 2010;Stubbs, 2007) and child abuse (Cossins, 2008;Gal, 2011;Julich, 2006), and relating to the involvement of juvenile victims in general (Gal, 2011;Gal & Moyal, 2011).…”

Romania: Traditional Conflict Resolution Mechanism Used by the Roma Communities

“…The development of restorative justice has often been credited to the work of Braithwaite (Blagg, 2008); nonetheless, as Walgrave (2008) concedes, the principles of this form of justice can be traced back to many primitive societies. The use of restorative justice has been well documented among many indigenous populations, such as Navajo peacemaker circles, in which all parties meet with a peacemaker who allows both groups to come to an amicable resolution (Coker, 2006). Similarly, the use of family conferencing in New Zealand has its roots in restorative justice (Van-Ness, Morris, & Maxwell, 2001).…”