Restorative justice: some reflections on contemporary theory and practice

Mousourakis, George

doi:10.4314/jjs.v29i1.27156

“…Conventional justice largely ignored victims, since their interests are represented by either the state or legal practitioners (Hargovan, 2007;Mousourakis, 2004). Crime of any kind can have an immense impact on victims.…”

Section: Conceptualising Restorative Justicementioning

confidence: 99%

“…In essence, it means that a person is a person through other people. Based on the principles of honesty and forgiveness, the Truth and Reconciliation Commission of the 1990s exposed the South African public to restorative practices, particularly by giving the victims of political crimes a voice while demanding accountability from perpetrators (Mousourakis, 2004).…”

Section: Development Of Restorative Justicementioning

confidence: 99%

Victims’ Experiences of Restorative Mediation: A Developmental Social Work Perspective

Steyn

¹

,

Lombard

²

2014

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Should the use of an alternative trial process preclude referral back to the criminal justice system? Consideration of one aspect of the Law Commission's proposal for trial process reform in cases of sexual offending

Macaulay

¹

0

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<p>In its recent Issues Paper, Alternative Pre-Trial and Trial Processes: Possible Reforms, the New Zealand Law Commission proposed to make available some form of restorative justice process as a complete alternative to the criminal justice system in certain sexual offence cases. It also proposed that where an offender participates in an alternative process in good faith and fulfils all undertakings, the case cannot be referred back to the criminal justice system. This paper considers situations where alternative trial processes should be referred back to the criminal justice system and what should happen to material disclosed during the alternative process if referral occurs. If restorative processes are to be used as a complete alternative to the criminal justice system, there must a “public safety override” which prioritises public safety over victim autonomy. This override will be applied by restorative justice providers, who will have the ability to refer cases back to the criminal justice system. If referral does occur, the content of the restorative proceedings should be privileged, and that privilege should belong to the offender. The fact of the offender’s agreement to participate should also be privileged.</p>

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Should the use of an alternative trial process preclude referral back to the criminal justice system? Consideration of one aspect of the Law Commission's proposal for trial process reform in cases of sexual offending

Macaulay¹

0

View full text Add to dashboard Cite

<p>In its recent Issues Paper, Alternative Pre-Trial and Trial Processes: Possible Reforms, the New Zealand Law Commission proposed to make available some form of restorative justice process as a complete alternative to the criminal justice system in certain sexual offence cases. It also proposed that where an offender participates in an alternative process in good faith and fulfils all undertakings, the case cannot be referred back to the criminal justice system. This paper considers situations where alternative trial processes should be referred back to the criminal justice system and what should happen to material disclosed during the alternative process if referral occurs. If restorative processes are to be used as a complete alternative to the criminal justice system, there must a “public safety override” which prioritises public safety over victim autonomy. This override will be applied by restorative justice providers, who will have the ability to refer cases back to the criminal justice system. If referral does occur, the content of the restorative proceedings should be privileged, and that privilege should belong to the offender. The fact of the offender’s agreement to participate should also be privileged.</p>

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Restorative justice: some reflections on contemporary theory and practice

Cited by 3 publications

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Victims’ Experiences of Restorative Mediation: A Developmental Social Work Perspective

Victims’ Experiences of Restorative Mediation: A Developmental Social Work Perspective

Should the use of an alternative trial process preclude referral back to the criminal justice system? Consideration of one aspect of the Law Commission's proposal for trial process reform in cases of sexual offending

Should the use of an alternative trial process preclude referral back to the criminal justice system? Consideration of one aspect of the Law Commission's proposal for trial process reform in cases of sexual offending

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