Sexual Violence and Substantive Equality: Can Restorative Justice Deliver?

Jülich, Shirley; Thorburn, Natalie

doi:10.1007/s41134-017-0029-0

Cited by 14 publications

(24 citation statements)

References 28 publications

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“…They also endured emotional anguish and interpersonal complications with family members and friends [3]. In the 1990s, writers sharing or sympathetic to abolitionism or at least drastic reduction of the penal sphere have further developed ideas about procedures which could replace those of present criminal law and about changing the normative orientation of law from retribution to restoration [4].…”

Section: Literature Reviewmentioning

confidence: 99%

Contribution of Restorative Justice Practice in Baduy’s Culture Criminal Justice System Reform

UmiRozah¹

2019

Proceedings of the the First International Conference on Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Banda

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Criminal justice system emphasizes on an offender-oriented paradigm, such as how to impose an appropriate and a fair punishment to the offender. On the other hand, the victim has no right in the criminal justice system, with a unique role as the key witness. This article based on research which had performed in Baduy, Banten-Tangerang Indonesia. This research rests on the socio-legal research approach by using hermeneutics philosophy. The research outcomes are as follows: The values contented on restorative justice practice in Baduy's culture can be identified within criminal justice process, such as 1) Victim and his/her family have a position similar with offender in the adjudication process; 2) All process in the adjudication aims to restore all damages and injuries, to restore and clean up of the offender's inner, and to restore peace, cosmos, and social re-cohesion; 3.All process will end with restitution, forgiveness, and punishment, if the conference could proof the offense and blameworthiness of the offender. Criminal Justice System applied in Indonesia today is based on the old concept, which only focuses on the offender and less to the victim. Restorative justice practices in Baduy culture can be applied in the adjudication. There are two types of adjudications in criminal cases: family conference and the Customary Criminal Court. All types of adjudication have to involve the victim and his/her family. This restorative justice concept can be applied in criminal justice system reform to achieve substantive justice for all parties.

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Section: Literature Reviewmentioning

confidence: 99%

Contribution of Restorative Justice Practice in Baduy’s Culture Criminal Justice System Reform

UmiRozah¹

2019

Proceedings of the the First International Conference on Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Banda

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“…In the past, empirical literature was generally not supportive of RJ and TJ as responses to sexual violence, with their merits being debated at best (Jülich & Thorburn, 2017). Because RJ and TJ usually include opportunities for survivors and those responsible for harm to meet face-to-face, people working with survivors often worry that the process may be unsafe, subjecting them to further victimization (Wager, 2013).…”

Section: Introductionmentioning

confidence: 99%

Restorative and Transformative Justice Responses to Sexual Violence

Todić¹,

Christensen²,

McMahon

2021

ssp

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Background: #MeToo movement raised the profiles of restorative justice (RJ) and transformative justice (TJ) in the United States (US) as approaches to repairing harm resulting from sexual violence that center survivors’ needs and emphasize meaningful accountability for persons responsible for harm. This focus on RJ and TJ as viable approaches to sexual violence represents a departure from carceral interventions, which has dominated the US public discourse for decades. Given the shift, mapping the current state of knowledge is critical for practice, policy and research. This scoping review aims to map the available literature to provide an overview of RJ and TJ as responses to sexual violence. Methods/Design: The proposed scoping review will be conducted in accordance with the Joana Briggs Institute methodology for scoping reviews (Peters, Godfrey-Smith, & Mcinerney, 2017). The concept of interest is the use of RJ and TJ as responses to sexual violence. This scoping review will include both peer-reviewed and grey literature. We will employ a standardized extraction form and represent the data using a descriptive summary, charts and tables that align with the stated objectives. Discussion: Since the #MeToo movement emerged in 2017, public interest in RJ and TJ as meaningful responses to sexual violence has grown. This comprehensive scoping review will systematically organize the literature in order to understand the current landscape of evidence related to these approaches. Given the transformative potential of these interventions, past controversies, and current public interest in the approaches, understanding the current state of knowledge is critical for practice, policy and research.

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“…Around the world, restorative justice is increasingly recognized as a potential response to this shortcoming (Naylor, 2010;McDonald & Tinsley, 2011b;Daly, 2014;Zinsstag & Keenan, 2017;Jülich & Thorburn, 2017;UNODC, 2020). Understood as an approach designed to repair, rather than compound, the impact of harm, several researchers suggest that restorative justice has potential to meet the distinctive justice needs of victims of sexual harm while also holding offending behavior to account (Zinsstag & Keenan, 2017).…”

Section: Chapter 7 Sexual Violence and Restorative Justice Part One:mentioning

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%

“…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. Fears stem from the idea that giving the offender "voice," and possible facilitator neutrality, could perpetuate a power imbalance for the victim, worrying conditions that could lead to further traumatization and revictimization (Braithwaite & Strang, 2000;Jülich & Thorburn, 2017).…”

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

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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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Sexual Violence and Substantive Equality: Can Restorative Justice Deliver?

Cited by 14 publications

References 28 publications

Contribution of Restorative Justice Practice in Baduy’s Culture Criminal Justice System Reform

Contribution of Restorative Justice Practice in Baduy’s Culture Criminal Justice System Reform

Restorative and Transformative Justice Responses to Sexual Violence

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

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