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Article
Publication date: 1 January 2005

Brian Williams

This paper reviews some recent criminal justice legislation and policy in England and Wales and considers whether the changes introduced genuinely implement new, restorative

Abstract

This paper reviews some recent criminal justice legislation and policy in England and Wales and considers whether the changes introduced genuinely implement new, restorative approaches or whether attempts have been made to use the rhetoric of restorative justice for other purposes.

Details

Safer Communities, vol. 4 no. 1
Type: Research Article
ISSN: 1757-8043

Keywords

Book part
Publication date: 29 March 2014

Abstract

Details

The Sustainability of Restorative Justice
Type: Book
ISBN: 978-1-78350-754-2

Article
Publication date: 7 February 2024

Karl Mason, Rosslyn Dray, Jane C. Healy and Joanna Wells

The purpose of this paper is to consider what safeguarding responses to discriminatory abuse and hate crime might learn from existing research on restorative justice and to drive…

Abstract

Purpose

The purpose of this paper is to consider what safeguarding responses to discriminatory abuse and hate crime might learn from existing research on restorative justice and to drive practice development based on available evidence.

Design/methodology/approach

This paper is based on a scoping review of literature using four academic databases and reference harvesting. This comprised a critical appraisal of 30 articles, which were thematically analysed to appreciate the benefits and challenges of restorative justice responses to hate crime and how this might inform safeguarding responses to discriminatory abuse and hate crime.

Findings

The analysis identifies four domains where learning can be drawn. These relate to theory on restorative justice; restorative justice practices; perspectives from lived experience of restorative justice and hate crime; and an appraisal of critiques about restorative justice.

Originality/value

This paper connects the emerging evidence on restorative criminal justice responses to hate crime to the “turn” towards strengths-based practices in adult safeguarding. Although this provides a fertile environment for embedding restorative practices, the authors argue certain precautions are required based on evidence from existing research on hate crime and restorative justice.

Details

The Journal of Adult Protection, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1466-8203

Keywords

Abstract

Details

The Sustainability of Restorative Justice
Type: Book
ISBN: 978-1-78350-754-2

Abstract

Details

The Sustainability of Restorative Justice
Type: Book
ISBN: 978-1-78350-754-2

Book part
Publication date: 7 June 2010

Tyler G. Okimoto, Michael Wenzel and Michael J. Platow

Purpose – To develop a new model of restorative reparation that attempts to capture the dynamic role of shared identity perceptions.Design/methodology/approach – Drawing on recent…

Abstract

Purpose – To develop a new model of restorative reparation that attempts to capture the dynamic role of shared identity perceptions.

Design/methodology/approach – Drawing on recent advances in restorative justice theory (Wenzel, Okimoto, Feather, & Platow, 2008), we explore the theoretical proposition that a greater understanding of the identity relations between victims, offenders, and the groups in which they are embedded is key to understanding a victim's underlying motives toward justice, and thus, predicting when victims will react favorably to restorative justice processes and prefer them over traditional retributive justice interventions.

Findings – We argue that a perceived shared identity between the victim and the offender determines the extent to which the victim understands the transgression as requiring a revalidation of the rules, values, or morals undermined by the offense. Moreover, we propose that these identity relations are dynamic in that they both affect and are affected by the experience of injustice. Thus, identity is also shaped by the transgression itself through, inter alia, processes associated with positive social identity maintenance. Importantly, these shifts in identity determine how injustice victims are likely to respond to constructive approaches to conflict resolution such as restorative justice.

Originality/value – We offer a series of testable hypotheses aimed at engendering future research in the domain of constructive justice restoration in groups. Moreover, this work suggests that to develop effective resolution strategies, we must consider how an injustice event shapes the relations between the affected parties over time rather than simply assuming identity relations are static.

Details

Fairness and Groups
Type: Book
ISBN: 978-0-85724-162-7

Book part
Publication date: 21 December 2010

Liam Leonard and Paula Kenny

The primary goal of the Restorative Justice process is not punishment but making good the harm done by offending for the victim, the community and the offender. Offenders have to…

Abstract

The primary goal of the Restorative Justice process is not punishment but making good the harm done by offending for the victim, the community and the offender. Offenders have to take responsibility for their actions as a precondition to addressing the harm that they have caused. Offenders become aware that a crime is committed, not against an abstraction, but against someone real, a person like themselves and against their community, who are directly and indirectly affected by what has happened. Crime and conflict affect relationships between individuals who are left outside the court system altogether by conventional justice. Proceedings and arguments of the restorative process are voluntary for all parties. People are given the opportunity to partake in mediation, or to accept reparation. The process is always confidential however; outcomes and agreements can be made public, depending on the authorisation by participants.

Details

Sustainable Justice and the Community
Type: Book
ISBN: 978-0-85724-301-0

Book part
Publication date: 19 May 2008

J. Mitchell Miller, Christopher L. Gibson and John Byrd

Advocates of restorative justice have recently argued that this reform movement is ideologically diverse, perhaps because the potential for program expansion and the realization…

Abstract

Advocates of restorative justice have recently argued that this reform movement is ideologically diverse, perhaps because the potential for program expansion and the realization of funding support is largely dependent on mainstream normative criminal justice system processes. This chapter examines the ideological underpinnings that shape restorative programming to the conclusion that restorative justice is philosophically liberal. The liberal agenda of the restorative justice paradigm is assessed in terms of implications for societal benefit, traditional justice system goals, and the future of restorative justice. Unintended and counterproductive consequences of the left-leaning nature of restorative justice are considered with particular emphasis on accountability. It is argued that the establishment of accountability-based theoretical research programs is necessary in order to further both theoretical and programmatic restorative justice initiatives.

Details

Restorative Justice: from Theory to Practice
Type: Book
ISBN: 978-0-7623-1455-3

Book part
Publication date: 3 September 2020

Kimberly A. Nelson and Joshua C. Nelson

Understanding culture and the restorative needs of individuals can help students learn cultural competence and provide students a unique look at cultures. The chapter will focus…

Abstract

Understanding culture and the restorative needs of individuals can help students learn cultural competence and provide students a unique look at cultures. The chapter will focus on a pedagogical and historical understanding of restorative justice, how it relates to cultural competence, and structuring curriculum with the use of a variety of activities to help students learn cultural competence.

Book part
Publication date: 1 November 2017

The chapter will examine the emergence and influence of the restorative justice movement as a bridge between communities, civil society and the state in Ireland. The chapter will…

Abstract

The chapter will examine the emergence and influence of the restorative justice movement as a bridge between communities, civil society and the state in Ireland. The chapter will focus on the Republic of Ireland, but will also examine restorative conferencing in Northern Ireland. This will be divided into a number of sections, each reflecting the emergence of a movement dedicated to the promotion of restorative justice as a vehicle for a holistic form of community-based justice in Ireland. This chapter covers the history, scope, and philosophical-political background of the restorative justice movement, providing specific examples of the interchange between this restorative justice movement and civil society in Ireland, Northern Ireland and the United States. The wider potential of the restorative justice movement will be highlighted.

This potential is demonstrated in the restorative movement’s challenge to understandings of failed punitive approaches, and through its socially redemptive alternative which emphasises collective responsibility for crime amongst all of the community. The chapter will also examine the international background to restorative justice, and its theoretical understandings, with a focus on key theorists such as Strang and Braithwaite, amongst others. It will examine salient issues that underpin social justice and social control in Ireland, including the potential impacts of restorative justice policy and practice for the wider community and the state.

Details

The Sustainable Nation
Type: Book
ISBN: 978-1-78743-379-3

Keywords

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